reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 304.251 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 304 - Telemarketing|Subchapter F. Enforcement|Section 304.251. Enforcement by Commission

Sec. 304.251.  ENFORCEMENT BY COMMISSION.  (a)  Except as provided by Section 304.253, the commission shall receive and investigate complaints concerning violations of Subchapters B, C, and D and may impose an administrative penalty not to exceed $1,000 for each violation.(b)  Notwithstanding Section 304.252, if a complaint alleges that the person violating Subchapter B, C, or D is a telecommunications provider, as defined by Section 51.002, Utilities Code, the commission has exclusive jurisdiction over the violation alleged in the complaint.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 304.252 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 304 - Telemarketing|Subchapter F. Enforcement|Section 304.252. Enforcement by Attorney General

Sec. 304.252.  ENFORCEMENT BY ATTORNEY GENERAL.  (a)  Except as provided by Section 304.253, the attorney general may investigate violations of Subchapters B, C, and D and file civil enforcement actions seeking:(1)  a civil penalty in an amount not to exceed $1,000 for each violation, except as provided by Subsection (b);(2)  injunctive relief; and(3)  attorney's fees.(b)  If the court finds the defendant wilfully or knowingly violated Subchapter B, C, or D, the court may increase the amount of the civil penalty to an amount not to exceed $3,000 for each violation.(c)  A violation of Subchapter B, C, or D is subject to enforcement action by the attorney general's consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 304.253 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 304 - Telemarketing|Subchapter F. Enforcement|Section 304.253. Enforcement by Licensing Agency

Sec. 304.253.  ENFORCEMENT BY LICENSING AGENCY.  (a)  A state agency that issues a license to a state licensee shall:(1)  receive and investigate complaints concerning violations of Subchapters B and C by the state licensee; and(2)  may receive and investigate complaints concerning violations of Subchapter D by the state licensee.(b)  The state agency may:(1)  impose an administrative penalty not to exceed $1,000 for each violation;(2)  order restitution for any monetary damages of the complainant in the case of a violation of Subchapter B or D; and(3)  suspend or revoke the state licensee's license, if the agency finds that the licensee wilfully or knowingly violated Subchapter B, C, or D.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 304.254 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 304 - Telemarketing|Subchapter F. Enforcement|Section 304.254. Determination of Amount of Administrative Penalty

Sec. 304.254.  DETERMINATION OF AMOUNT OF ADMINISTRATIVE PENALTY.  The amount of an administrative penalty imposed under this subchapter must be based on:(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;(2)  any history of previous violations;(3)  the amount necessary to deter a future violation;(4)  any effort to correct the violation; and(5)  any other matter that justice may require.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 304.255 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 304 - Telemarketing|Subchapter F. Enforcement|Section 304.255. Stay of Administrative Penalty

Sec. 304.255.  STAY OF ADMINISTRATIVE PENALTY.  (a)  The enforcement of an administrative penalty imposed under this subchapter may be stayed during the time the order is under judicial review if the person on whom the penalty is imposed pays the penalty to the clerk of the court or files a supersedeas bond with the court in the amount of the penalty.(b)  A person who cannot afford to pay the penalty or file the bond may stay the enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, subject to the right to contest the affidavit as provided by those rules.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 304.256 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 304 - Telemarketing|Subchapter F. Enforcement|Section 304.256. Contested Case

Sec. 304.256.  CONTESTED CASE.  A proceeding to impose an administrative penalty under this subchapter is a contested case under Chapter 2001, Government Code.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 304.257 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 304 - Telemarketing|Subchapter F. Enforcement|Section 304.257. Private Action: Telemarketing Calls

Sec. 304.257.  PRIVATE ACTION: TELEMARKETING CALLS.  (a)  A consumer on the Texas no-call list is presumed to be adversely affected by a telemarketer who calls the consumer more than once.  The consumer may bring a civil action based on the second or a subsequent violation of Subchapter B if:(1)  the consumer has notified the telemarketer of the alleged violation;(2)  not later than the 30th day after the date of the call, the consumer files with the commission, the attorney general, or a state agency that licenses the person making the call a verified complaint stating the relevant facts surrounding the violation; and(3)  the commission, attorney general, or state agency receiving the complaint does not initiate an administrative action or a civil enforcement action, as appropriate, against the telemarketer named in the complaint before the 121st day after the date the complaint is filed.(b)  If the consumer brings an action based on a violation of Section 304.052 and the court finds that the defendant wilfully or knowingly violated that section, the court may award damages in an amount not to exceed $500 for each violation.(c)  Section 304.251(b) does not affect the right of a consumer to bring an action under Subsection (a).|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 304.258 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 304 - Telemarketing|Subchapter F. Enforcement|Section 304.258. Private Action: Facsimile Transmission

Sec. 304.258.  PRIVATE ACTION: FACSIMILE TRANSMISSION.  (a)  A person may bring a civil action based on a violation of Subchapter C:(1)  for damages in an amount equal to the greater of:(A)  the person's actual monetary loss from the violation; or(B)  $500 for each violation;(2)  to enjoin the violation; or(3)  for both damages and an injunction.(b)  If the court finds that the defendant wilfully or knowingly violated Subchapter C, the court may increase the amount of the damages awarded to an amount equal to not more than three times the amount available under Subsection (a)(1).(c)  Section 304.251(b) does not affect the right of a consumer to bring an action under Subsection (a).|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 304.259 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 304 - Telemarketing|Subchapter F. Enforcement|Section 304.259. Venue

Sec. 304.259.  VENUE.  (a)  Venue for an action based on a violation of Subchapter B or C is in:(1)  the county in which the telemarketing call was made or received; or(2)  Travis County, if the action is brought by the commission, the attorney general, or a state agency.(b)  Venue for an action under Subchapter D is in Travis County.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 305.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 305 - Telephonic Communications Made for Purpose of Solicitation|Subchapter A. Prohibited Communications Made For|Section 305.001. Prohibited Telephone Calls

Sec. 305.001.  PROHIBITED TELEPHONE CALLS.  A person may not make a telephone call or use an automatic dial announcing device to make a telephone call for the purpose of making a sale if:(1)  the person making the call or using the device knows or should have known that the called number is a mobile telephone for which the called person will be charged for that specific call;  and(2)  the called person has not consented to the making of such a call to the person calling or using the device or to the business enterprise for which the person is calling or using the device.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 305.002 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 305 - Telephonic Communications Made for Purpose of Solicitation|Subchapter A. Prohibited Communications Made For|Section 305.002. Prohibited Facsimile Transmissions: Charge to Recipient

Sec. 305.002.  PROHIBITED FACSIMILE TRANSMISSIONS:  CHARGE TO RECIPIENT.  A person may not make or cause to be made a transmission for the purpose of a solicitation or sale to a facsimile recording device or other telecopier for which the person receiving the transmission will be charged for the transmission, unless the person receiving the transmission has, before the transmission, consented to the making of the transmission.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 305.003 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 305 - Telephonic Communications Made for Purpose of Solicitation|Subchapter A. Prohibited Communications Made For|Section 305.003. Prohibited Facsimile Transmissions: Hours of Transmission

Sec. 305.003.  PROHIBITED FACSIMILE TRANSMISSIONS:  HOURS OF TRANSMISSION.  A person may not make or cause to be made a transmission for the purpose of a solicitation or sale to a facsimile recording device after 11 p.m. and before 7 a.m.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 305.051 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 305 - Telephonic Communications Made for Purpose of Solicitation|Subchapter B. Enforcement|Section 305.051. Investigation

Sec. 305.051.  INVESTIGATION.  (a)  On complaint of a called person that a person has violated Section 305.001, 305.002, or 305.003, the county or district attorney of the county in which the called person resides shall investigate the complaint and file charges if appropriate.(b)  A telephone company serving the caller or called person is not responsible for investigating a complaint or keeping records relating to this chapter.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 305.052 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 305 - Telephonic Communications Made for Purpose of Solicitation|Subchapter B. Enforcement|Section 305.052. Criminal Penalty

Sec. 305.052.  CRIMINAL PENALTY.  (a)  A person who violates Section 305.001, 305.002, or 305.003 commits an offense.(b)  An offense under this section is a Class C misdemeanor.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 305.053 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 305 - Telephonic Communications Made for Purpose of Solicitation|Subchapter B. Enforcement|Section 305.053. Civil Action

Sec. 305.053.  CIVIL ACTION.  (a)  A person who receives a communication that violates 47 U.S.C. Section 227, a regulation adopted under that provision, or Subchapter A may bring an action in this state against the person who originates the communication for:(1)  an injunction;(2)  damages in the amount provided by this section; or(3)  both an injunction and damages.(b)  A plaintiff who prevails in an action for damages under this section is entitled to the greater of:(1)  $500 for each violation; or(2)  the plaintiff's actual damages.(c)  If the court finds that the defendant committed the violation knowingly or intentionally, the court may increase the amount of the award of damages under Subsection (b) to not more than the greater of:(1)  $1,500 for each violation; or(2)  three times the plaintiff's actual damages.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 306.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 306 - Protection of Consumer Telephone Records|Subchapter A. General Provisions|Section 306.001. Definitions

Sec. 306.001.  DEFINITIONS.  In this chapter:(1)  "Caller identification record" means a record that:(A)  is delivered electronically to the recipient of a telephone call simultaneously with the reception of the call; and(B)  indicates the telephone number from which the telephone call was made or other similar information regarding the call.(2)  "Telephone company" means a provider of commercial telephone services, or a provider that bills for those services, regardless of the technology used to provide that service, including landline, radio, wireless, microwave, satellite, Voice over Internet Protocol (VoIP), or other cable, broadband, or digital technology.(3)  "Telephone record" means a written, electronic, or oral record, other than a caller identification record collected and retained by or on behalf of a customer, created by a telephone company about a customer, that includes:(A)  the telephone number:(i)  dialed by a customer; or(ii)  of an incoming call made to a customer;(B)  the time a call was made to or by a customer;(C)  the duration of a call made to or by a customer; or(D)  the location from which a call was initiated or at which a call was received by a customer.|Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.|
TX Bus & Com Code § 306.002 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 306 - Protection of Consumer Telephone Records|Subchapter A. General Provisions|Section 306.002. Nonapplicability to Law Enforcement Agencies

Sec. 306.002.  NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES.  This chapter does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a state, or a political subdivision of a state or of an intelligence agency of the United States.|Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.|
TX Bus & Com Code § 306.003 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 306 - Protection of Consumer Telephone Records|Subchapter A. General Provisions|Section 306.003. Construction of Chapter

Sec. 306.003.  CONSTRUCTION OF CHAPTER.  This chapter does not apply to expand the obligations or duties of a telephone company under federal or other state law to protect telephone records.|Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.|
TX Bus & Com Code § 306.004 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 306 - Protection of Consumer Telephone Records|Subchapter A. General Provisions|Section 306.004. Consistency With Federal Law

Sec. 306.004.  CONSISTENCY WITH FEDERAL LAW.  This chapter may not be construed in a manner that is inconsistent with 18 U.S.C. Section 1038, 47 U.S.C. Section 222, or any other applicable federal law or rule.|Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.|
TX Bus & Com Code § 306.052 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 306 - Protection of Consumer Telephone Records|Subchapter B. Prohibited Conduct or Activity|Section 306.052. Exceptions

Sec. 306.052.  EXCEPTIONS.  Section 306.051 does not apply to:(1)  a person who acted pursuant to a valid court order, warrant, subpoena, or civil investigative demand;(2)  a telephone company that disclosed a telephone record:(A)  the disclosure of which is otherwise authorized by law;(B)  reasonably believing the disclosure was necessary to:(i)  provide service to a customer;(ii)  protect an individual from fraudulent, abusive, or unlawful use of a telephone record or telephone service; or(iii)  protect the rights or property of the company;(C)  to the National Center for Missing and Exploited Children in connection with a report submitted under 42 U.S.C. Section 13032;(D)  for purposes of testing the company's security procedures or systems for maintaining the confidentiality of customer information;(E)  to a governmental entity, if the company reasonably believed that an emergency involving danger of death or serious physical injury to a person justified disclosure of the information;(F)  in connection with the sale or transfer of all or part of the company's business, the purchase or acquisition of all or part of another company's business, or the migration of a customer from one telephone company to another telephone company;(G)  necessarily incident to the rendition of the service, to initiate, render, bill, and collect the customer's charges, or to protect the customer of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or(H)  while acting reasonably and in good faith, notwithstanding a later determination that the action was not authorized; or(3)  a person or a telephone company that acted in connection with the official duties of a 9-1-1 governmental entity or a public agency solely for purposes of delivering or assisting in the delivery of 9-1-1 emergency services and other emergency services.|Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.|
TX Bus & Com Code § 306.053 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 306 - Protection of Consumer Telephone Records|Subchapter B. Prohibited Conduct or Activity|Section 306.053. Deceptive Trade Practice; Enforcement

Sec. 306.053.  DECEPTIVE TRADE PRACTICE; ENFORCEMENT.  A violation of this chapter is a false, misleading, or deceptive act or practice under Section 17.46 and is subject to action only by the consumer protection division of the attorney general's office as provided by Section 17.46(a).|Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.|
TX Bus & Com Code § 321.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter A. General Provisions|Section 321.001. Definitions

Sec. 321.001.  DEFINITIONS.  In this chapter:(1)  "Commercial electronic mail message" means an electronic mail message that advertises, offers for sale or lease, or promotes any goods, services, business opportunity, property, or other article, commodity, or thing of value.(2)  "Electronic mail" means a message, file, or other information that is transmitted through a local, regional, or global computer network, regardless of whether the message, file, or information is viewed, stored for retrieval at a later time, printed, or filtered by a computer program that is designed or intended to filter or screen the message, file, or information.(3)  "Electronic mail service provider" means a person who:(A)  is authorized to transact business in this state;(B)  is an intermediary in transmitting or receiving electronic mail; and(C)  provides to an end user of an electronic mail service the ability to transmit or receive electronic mail.(4)  "Established business relationship" means a relationship that:(A)  is formed by a voluntary two-way communication between a person and another person, regardless of whether consideration is exchanged;(B)  pertains to a product or service offered by one of the persons; and(C)  has not been terminated by either person.(4-a)  "Malicious computer code" means an unwanted computer program or other set of instructions inserted into a computer's memory, operating system, or program that:(A)  is specifically constructed with the ability to replicate itself or to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions to one or more computer programs or files; or(B)  is intended to perform an unauthorized process that will adversely impact the confidentiality of information contained in or the integrity or availability of the computer's memory, operating system, or program.(5)  "Obscene" has the meaning assigned by Section 43.21, Penal Code.(6)  "Sender" means a person who initiates an electronic mail message.(7)  "Sexual conduct" has the meaning assigned by Section 43.25, Penal Code.(8)  "Unsolicited commercial electronic mail message" means a commercial electronic mail message transmitted without the consent of the recipient by a person with whom the recipient does not have an established business relationship.  The term does not include electronic mail transmitted by an organization using electronic mail to communicate exclusively with members, employees, or contractors of the organization.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Amended by: Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 4, eff. December 2, 2021.|
TX Bus & Com Code § 321.051 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter B. Prohibited and Required Conduct|Section 321.051. Transmission of Certain Commercial Electronic Mail Messages Prohibited

Sec. 321.051.  TRANSMISSION OF CERTAIN COMMERCIAL ELECTRONIC MAIL MESSAGES PROHIBITED.  (a)  In this section, "Internet domain name" means a globally unique, hierarchical reference to an Internet host or service that is:(1)  assigned through a centralized Internet naming authority; and(2)  composed of a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.(b)  A person may not intentionally transmit a commercial electronic mail message that:(1)  is an unsolicited commercial electronic mail message and falsifies the electronic mail transmission or routing information;(2)  contains false, deceptive, or misleading information in the subject line; or(3)  uses another person's Internet domain name without the other person's consent.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|