reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 15.24 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade|Subchapter C. Enforcement|Section 15.24. Judgment in Favor of the State Evidence in Action

Sec. 15.24.  JUDGMENT IN FAVOR OF THE STATE EVIDENCE IN ACTION.  A final judgment rendered in an action brought under Section 15.20 or 15.22 of this Act to the effect that a defendant or defendants have violated any of the prohibitions in Section 15.05 of this Act is prima facie evidence against such defendant or defendants in any action brought under Section 15.21 as to all matters with respect to which the judgment would be an estoppel between the parties to the suit.  This section shall not apply to consent judgments or decrees entered before any testimony has been taken.|Added by Acts 1983, 68th Leg., p. 3034, ch. 519, Sec. 3, eff. Aug. 29, 1983.|
TX Bus & Com Code § 15.25 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade|Subchapter C. Enforcement|Section 15.25. Limitation of Actions

Sec. 15.25.  LIMITATION OF ACTIONS.  (a)  Any suit to recover damages under Section 15.21 of this Act is barred unless filed within four years after the cause of action accrued or within one year after the conclusion of any action brought by the state under Section 15.20 or 15.22 of this Act based in whole or in part on the same conduct, whichever is longer.  For the purpose of this subsection, a cause of action for a continuing violation is considered to accrue at any and all times during the period of the violation.(b)  No suit under this Act shall be barred on the grounds that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.  It is the intent of the legislature to exercise its powers to the full extent consistent with the constitutions of the State of Texas and the United States.|Added by Acts 1983, 68th Leg., p. 3034, ch. 519, Sec. 3, eff. Aug. 29, 1983.|
TX Bus & Com Code § 15.26 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade|Subchapter C. Enforcement|Section 15.26. Jurisdiction

Sec. 15.26.  JURISDICTION.  Whenever any suit or petition is filed in the district court in any county in the State of Texas as provided for in Section 15.10, 15.20, 15.21, or 15.22 of this Act, the court shall have jurisdiction and venue to hear and determine the matter presented and to enter any order or orders required to implement the provisions of this Act.  Once suit is properly filed, it may be transferred to another county upon order of the court for good cause shown.|Added by Acts 1983, 68th Leg., p. 3034, ch. 519, Sec. 3, eff. Aug. 29, 1983.|
TX Bus & Com Code § 15.40 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade|Subchapter D. Recovery of Damages Pursuant to Federal Antitrust Laws|Section 15.40. Authority, Powers, and Duties of Attorney General

Sec. 15.40.  AUTHORITY, POWERS, AND DUTIES OF ATTORNEY GENERAL.  (a)  The attorney general may bring an action on behalf of the state or of any of its political subdivisions or tax supported institutions to recover the damages provided for by the federal antitrust laws, Title 15, United States Code, provided that the attorney general shall notify in writing any political subdivision or tax supported institution of his intention to bring any such action on its behalf, and at any time within 30 days thereafter, such political subdivision or tax supported institution may, by formal resolution of its governing body or as otherwise specifically provided by applicable law, withdraw the authority of the attorney general to bring the intended action.  In any action brought pursuant to this section on behalf of any political subdivision or tax supported institution of the state, the state shall retain for deposit in the general revenue fund of the State Treasury, out of the proceeds, if any, resulting from such action, an amount equal to the expense incurred by the state in the investigation and prosecution of such action.(b)  In any action brought by the attorney general pursuant to the federal antitrust laws for the recovery of damages by the estate  or any of its political subdivisions or tax supported institutions, in addition to his other powers and authority the attorney general may enter into contracts relating to the investigation and the prosecution of such action with any other party who could bring a similar action or who has brought such an action for the recovery of damages and with whom the attorney general finds it advantageous to act jointly, or to share common expenses or to cooperate in any manner relative to such action.  In any such action the attorney general may undertake, among other things, either to render legal services as special counsel to, or to obtain the legal services of special counsel from, any department or agency of the United States, any other state or any department or agency thereof, any county, city, public corporation or public district of this state or of any other state, that has brought or intends to bring a similar action for the recovery of damages, or their duly authorized legal representatives in such action.|Added by Acts 1969, 61st Leg., p. 1708, ch. 559, Sec. 1, eff. June 10, 1969.|
TX Bus & Com Code § 15.50 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade|Subchapter E. Covenants Not to Compete|Section 15.50. Criteria for Enforceability of Covenants Not to Compete

Sec. 15.50.  CRITERIA FOR ENFORCEABILITY OF COVENANTS NOT TO COMPETE.  (a)  Notwithstanding Section 15.05 of this code, and subject to any applicable provision of Subsection (b), a covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable and do not impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee.(b)  A covenant not to compete relating to the practice of medicine is enforceable against a person licensed as a physician by the Texas Medical Board if such covenant complies with the following requirements:(1)  the covenant must:(A)  not deny the physician access to a list of his patients whom he had seen or treated within one year of termination of the contract or employment;(B)  provide access to medical records of the physician's patients upon authorization of the patient and any copies of medical records for a reasonable fee as established by the Texas Medical Board under Section 159.008, Occupations Code; and(C)  provide that any access to a list of patients or to patients' medical records after termination of the contract or employment shall not require such list or records to be provided in a format different than that by which such records are maintained except by mutual consent of the parties to the contract;(2)  the covenant must provide for a buy out of the covenant by the physician at a reasonable price or, at the option of either party, as determined by a mutually agreed upon arbitrator or, in the case of an inability to agree, an arbitrator of the court whose decision shall be binding on the parties; and(3)  the covenant must provide that the physician will not be prohibited from providing continuing care and treatment to a specific patient or patients during the course of an acute illness even after the contract or employment has been terminated.(c)  Subsection (b) does not apply to a physician's business ownership interest in a licensed hospital or licensed ambulatory surgical center.|Added by Acts 1989, 71st Leg., ch. 1193, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 965, Sec. 1, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1574, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.729, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 971 (H.B. 3623), Sec. 1, eff. September 1, 2009.|
TX Bus & Com Code § 15.51 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade|Subchapter E. Covenants Not to Compete|Section 15.51. Procedures and Remedies in Actions to Enforce Covenants Not to Compete

Sec. 15.51.  PROCEDURES AND REMEDIES IN ACTIONS TO ENFORCE COVENANTS NOT TO COMPETE.  (a)  Except as provided in Subsection (c) of this section, a court may award the promisee under a covenant not to compete damages, injunctive relief, or both damages and injunctive relief for a breach by the promisor of the covenant.(b)  If the primary purpose of the agreement to which the covenant is ancillary is to obligate the promisor to render personal services, for a term or at will, the promisee has the burden of establishing that the covenant meets the criteria specified by Section 15.50 of this code.  If the agreement has a different primary purpose, the promisor has the burden of establishing that the covenant does not meet those criteria.  For the purposes of this subsection, the "burden of establishing" a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its nonexistence.(c)  If the covenant is found to be ancillary to or part of an otherwise enforceable agreement but contains limitations as to time, geographical area, or scope of activity to be restrained that are not reasonable and impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee, the court shall reform the covenant to the extent necessary to cause the limitations contained in the covenant as to time, geographical area, and scope of activity to be restrained to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill or other business interest of the promisee and enforce the covenant as reformed, except that the court may not award the promisee damages for a breach of the covenant before its reformation and the relief granted to the promisee shall be limited to injunctive relief.  If the primary purpose of the agreement to which the covenant is ancillary is to obligate the promisor to render personal services, the promisor establishes that the promisee knew at the time of the execution of the agreement that the covenant did not contain limitations as to time, geographical area, and scope of activity to be restrained that were reasonable and the limitations imposed a greater restraint than necessary to protect the goodwill or other business interest of the promisee, and the promisee sought to enforce the covenant to a greater extent than was necessary to protect the goodwill or other business interest of the promisee, the court may award the promisor the costs, including reasonable attorney's fees, actually and reasonably incurred by the promisor in defending the action to enforce the covenant.|Added by Acts 1989, 71st Leg., ch. 1193, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 965, Sec. 2, eff. Sept. 1, 1993.|
TX Bus & Com Code § 15.52 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade|Subchapter E. Covenants Not to Compete|Section 15.52. Preemption of Other Law

Sec. 15.52.  PREEMPTION OF OTHER LAW.  The criteria for enforceability of a covenant not to compete provided by Section 15.50 of this code and the procedures and remedies in an action to enforce a covenant not to compete provided by Section 15.51 of this code are exclusive and preempt any other criteria for enforceability of a covenant not to compete or procedures and remedies in an action to enforce a covenant not to compete under common law or otherwise.|Added by Acts 1993, 73rd Leg., ch. 965, Sec. 3, eff. Sept. 1, 1993.|
TX Bus & Com Code § 16.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 16 - Trademarks|Subchapter A. General Provisions|Section 16.001. Definitions

Sec. 16.001.  DEFINITIONS.  In this chapter:(1)  "Applicant" means a person applying for registration of a mark under this chapter.  The term includes the person's legal representative, successor, and assignee.(2)  "Dilution" means dilution by blurring or dilution by tarnishment, without regard to the presence or absence of:(A)  competition between the owner of a famous mark and another person;(B)  actual or likely confusion, mistake, or deception; or(C)  actual economic harm.(3)  "Dilution by blurring" means an association arising from the similarity between a mark or trade name and a famous mark that impairs the famous mark's distinctiveness.(4)  "Dilution by tarnishment" means an association arising from the similarity between a mark or trade name and a  famous mark that harms the famous mark's reputation.(5)  "Mark" includes a trademark or service mark that is registrable under this chapter, regardless of whether the trademark or service mark is actually registered.(6)  "Person," with respect to the applicant or another person who is entitled to a benefit or privilege or is rendered liable under this chapter, includes:(A)  a natural person; and(B)  a firm, partnership, corporation, association, union, or other organization that may sue or be sued in that capacity.(7)  "Registrant" means the person to whom a registration of a mark has been issued under this chapter.  The term includes the person's legal representative, successor, or assignee.(8)  "Service mark":(A)  means a word, name, symbol, or device, or any combination of those terms, used by a person to:(i)  identify and distinguish the services of one person, including a unique service, from the services of another; and(ii)  indicate the source of the services, regardless of whether the source is unknown;  and(B)  includes the titles, character names used by a person, and other distinctive features of radio or television programs, regardless of whether the titles, character names, or programs advertise the sponsor's goods.(9)  "Trade name" means a name used by a person to identify the person's business or vocation.(10)  "Trademark" means a word, name, symbol, or device, or any combination of those terms, used by a person to:(A)  identify and distinguish the person's goods, including a unique product, from the goods manufactured or sold by another; and(B)  indicate the source of the goods, regardless of whether the source is unknown.|Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.|
TX Bus & Com Code § 16.002 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 16 - Trademarks|Subchapter A. General Provisions|Section 16.002. Inapplicability of Chapter

Sec. 16.002.  INAPPLICABILITY OF CHAPTER.  (a)  This chapter does not apply to the registration or use of a livestock brand or other indicia of ownership of goods that do not qualify as a mark.(b)  Except as provided by this subsection, a trade name is not registrable under this chapter.  If a trade name is also a service mark or trademark, the trade name is registrable as a service mark or trademark.|Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.Acts 2013, 83rd Leg., R.S., Ch. 762 (S.B. 1033), Sec. 1, eff. September 1, 2013.|
TX Bus & Com Code § 16.003 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 16 - Trademarks|Subchapter A. General Provisions|Section 16.003. When Mark Considered to Be in Use

Sec. 16.003.  WHEN MARK CONSIDERED TO BE IN USE.  (a)  A mark is considered to be in use in this state in connection with goods when:(1)  the mark is placed in any manner on:(A)  the goods;(B)  containers of the goods;(C)  displays associated with the goods;(D)  tags or labels affixed to the goods; or(E)  documents associated with the goods or sale of the goods, if the nature of the goods makes placement described by Paragraphs (A) through (D) impracticable; and(2)  the goods are sold or transported in commerce in this state.(b)  A mark is considered to be in use in this state in connection with services when:(1)  the mark is used or displayed in this state in connection with selling or advertising the services; and(2)  the services are rendered in this state.(c)  Use of a mark made merely to reserve a right in the mark is not considered to be a bona fide use of a mark for purposes of this chapter.|Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.Acts 2013, 83rd Leg., R.S., Ch. 762 (S.B. 1033), Sec. 2, eff. September 1, 2013.|
TX Bus & Com Code § 16.004 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 16 - Trademarks|Subchapter A. General Provisions|Section 16.004. When Mark Considered to Be Abandoned

Sec. 16.004.  WHEN MARK CONSIDERED TO BE ABANDONED.  (a)  A mark is considered to be abandoned when:(1)  the mark's use has been discontinued with intent not to resume the use; or(2)  the owner's conduct, including an omission or commission of an act, causes the mark to lose its significance as a mark.(b)  Intent not to resume use of a mark under Subsection (a)(1) may be inferred from the circumstances.(c)  Nonuse of a mark as described by Subsection (a)(1) for three consecutive years constitutes prima facie evidence of the mark's abandonment.|Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.|
TX Bus & Com Code § 16.051 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 16 - Trademarks|Subchapter B. Registration of Mark|Section 16.051. Registrable Marks

Sec. 16.051.  REGISTRABLE MARKS.  (a)  A mark that distinguishes an applicant's goods or services from those of others is registrable unless the mark:(1)  consists of or comprises matter that is immoral, deceptive, or scandalous;(2)  consists of or comprises matter that may disparage, falsely suggest a connection with, or bring into contempt or disrepute:(A)  a person, whether living or dead;(B)  an institution;(C)  a belief; or(D)  a national symbol;(3)  depicts, comprises, or simulates the flag, the coat of arms, the seal, the geographic outline, or other insignia of:(A)  the United States;(B)  a state;(C)  a municipality; or(D)  a foreign nation;(4)  consists of or comprises the name, signature, or portrait of a particular living individual who has not consented in writing to the mark's registration;(5)  when used on or in connection with the applicant's goods or services:(A)  is merely descriptive or deceptively misdescriptive of the applicant's goods or services; or(B)  is primarily geographically descriptive or deceptively misdescriptive of the applicant's goods or services;(6)  is primarily merely a surname; or(7)  is likely to cause confusion or mistake, or to deceive, because, when used on or in connection with the applicant's goods or services, it resembles:(A)  a mark registered in this state; or(B)  an unabandoned mark registered with the United States Patent and Trademark Office.(b)  Subsection (a)(5) or (6) does not prevent the registration of a mark used by the applicant that has become distinctive as applied to the applicant's goods or services.  The secretary of state may accept as evidence that a mark has become distinctive, when used on or in connection with the applicant's goods or services, proof of continuous use of the mark as such by the applicant in this state for the five years preceding the date on which the claim of distinctiveness is made.|Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 16.001, eff. September 1, 2017.|
TX Bus & Com Code § 16.052 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 16 - Trademarks|Subchapter B. Registration of Mark|Section 16.052. Application for Registration

Sec. 16.052.  APPLICATION FOR REGISTRATION.  (a)  Subject to the limitations prescribed by this chapter, a person who uses a mark may file an application to register the mark in the office of the secretary of state in the manner prescribed by the secretary of state.(b)  The application must include:(1)  the name and business address of the applicant;(2)  if the applicant is a corporation, the state under whose laws the applicant was incorporated or organized;(3)  if the applicant is a partnership, the state under whose laws the partnership was organized and the names of the general partners;(4)  the names or a description of the goods or services on or in connection with which the mark is being used;(5)  the mode or manner in which the mark is being used on or in connection with the goods or services;(6)  the class to which the goods or services belong;(7)  the date the applicant or applicant's predecessor in interest first used the mark anywhere;(8)  the date the applicant or the applicant's predecessor in interest first used the mark in this state;  and(9)  a statement that:(A)  the applicant is the owner of the mark;(B)  the mark is in use; and(C)  to the knowledge of the person verifying the application, no other person:(i)  has registered the mark, either federally or in this state; or(ii)  is entitled to use the mark in this state:(a)  in the identical form used by the applicant; or(b)  in a form that is likely, when used on or in connection with the goods or services of the other person, to cause confusion or mistake, or to deceive, because of its resemblance to the mark.(c)  The secretary of state may also require a statement as to whether the applicant or the applicant's predecessor in interest has filed an application to register the mark, or a portion or composite of the mark, with the United States Patent and Trademark Office, and, if so, the applicant shall fully disclose information with respect to that filing, including:(1)  the filing date and serial number of each application;(2)  the status of the filing; and(3)  if any application was finally refused registration or has not otherwise resulted in the issuance of a registration, the reasons for the refusal or nonissuance.(d)  The application must be accompanied by:(1)  three specimens of the mark as actually used; and(2)  an application fee payable to the secretary of state.(e)  The application must be signed and verified by the oath or affirmation of:(1)  the applicant; or(2)  a member of the firm or officer of the corporation or association that is applying for registration of the mark, as applicable.(f)  The secretary of state may also require that a drawing of the mark that complies with any requirement specified by the secretary of state accompany the application.|Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.|
TX Bus & Com Code § 16.053 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 16 - Trademarks|Subchapter B. Registration of Mark|Section 16.053. Filing of Application; Examination

Sec. 16.053.  FILING OF APPLICATION; EXAMINATION.  (a)  On the filing of an application for registration and payment of the application fee, the secretary of state shall examine the application for compliance with this chapter.(b)  The applicant shall provide to the secretary of state any additional pertinent information requested by the secretary of state, including a description of a design mark.|Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.|