reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 57.355 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements|Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement|Section 57.355. Liability

Sec. 57.355.  LIABILITY.  (a)  A supplier who refuses to repurchase any inventory covered under this chapter after termination or discontinuation of the dealer agreement is liable to the dealer for:(1)  110 percent of the amount that would have been due for the inventory had the supplier timely complied with the requirements of this chapter;(2)  any freight charges paid by the dealer;(3)  any accrued interest; and(4)  the actual costs of any court or arbitration proceeding incurred by the dealer, including attorney's fees or arbitrator fees.(b)  The supplier and dealer will each pay 50 percent of the costs of freight, at truckload rates, to ship any equipment or repair parts returned to the supplier pursuant to this chapter.(c)  Notwithstanding any provision to the contrary in the Uniform Commercial Code, the dealer retains title to and has a first and prior lien against all inventory returned by the dealer to the supplier under this chapter until the dealer is paid all amounts owed by the supplier under this subchapter for the repurchase of the inventory required under this chapter, and the supplier must hold the proceeds of the inventory in trust for the dealer's benefit.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.|
TX Bus & Com Code § 57.356 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements|Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement|Section 57.356. Construction of Subchapter; Creditor's Claims

Sec. 57.356.  CONSTRUCTION OF SUBCHAPTER; CREDITOR'S CLAIMS.  This subchapter may not be construed to affect any security interest the supplier may have in the inventory of the dealer, and any repurchase of the dealer's inventory under this subchapter may not be subject to the claims of any secured or unsecured creditor of the supplier or any assignee of the supplier until the dealer has received full payment or credit, as applicable, under this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.|
TX Bus & Com Code § 57.357 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements|Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement|Section 57.357. Agreement Terminated by Dealer; Inapplicability of Subchapter to Certain Specialty Suppliers

Sec. 57.357.  AGREEMENT TERMINATED BY DEALER; INAPPLICABILITY OF SUBCHAPTER TO CERTAIN SPECIALTY SUPPLIERS.  (a)  This subchapter does not apply to a specialty agricultural equipment supplier if the dealer terminates the dealer agreement without good reason.  A dealer has good reason to terminate the dealer agreement for any of the following reasons:(1)  the death or disability of a majority owner of the dealership;(2)  the dealership terminates the dealer agreement and:(A)  substantially all of the dealership assets or all shares of stock of the dealership are sold to a new owner; and(B)  no owner of the terminated dealership continues to own an interest in the continuing dealership;(3)  the filing of bankruptcy by or against the dealership that has not been discharged within 30 days after the date of the filing, the appointment of a receiver, or an assignment for the benefit of creditors; or(4)  the specialty agricultural equipment supplier:(A)  abandons the market or withdraws from the market by no longer selling to the dealer a type of equipment previously sold to the dealer that constituted a material part of the specialty agricultural equipment sold by the supplier;(B)  consistently sells products to the dealer that are defective or breach the implied warranty of merchantability;(C)  consistently fails to:(i)  provide adequate product support for the type and use of the product, including technical assistance, operator and repair manuals, and part lists and diagrams;(ii)  provide adequate training required by the supplier for maintenance, repair, or use of the supplier's products; or(iii)  provide marketing and marketing support for the supplier's product if marketing is a requirement of the dealer agreement;(D)  consistently fails to meet the supplier's warranty obligations to the dealer as required by contract or law, including obligations under this chapter;(E)  has engaged in conduct that is injurious or detrimental to the dealer's customers, the public welfare, or the dealer's reputation;(F)  has made material misrepresentations to the dealer or has falsified a record;(G)  has breached the dealer agreement; or(H)  has violated this chapter.(b)  This subchapter may not be construed to limit a specialty agricultural equipment supplier's obligation to repurchase a dealer's inventory as provided by this section if the supplier terminates or otherwise discontinues the dealer agreement.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.|
TX Bus & Com Code § 57.358 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements|Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement|Section 57.358. Exceptions

Sec. 57.358.  EXCEPTIONS.  (a)  A supplier is not required to repurchase from a dealer:(1)  a repair part that, except as provided by Subsection (b), is in a broken or damaged package;(2)  a repair part that because of its condition cannot be resold as a new part without repackaging or reconditioning;(3)  any inventory for which the dealer is unable to furnish evidence, satisfactory to the supplier, of clear title, free and clear of all claims, liens, and encumbrances unless the inventory will be free and clear of all claims, liens, and encumbrances immediately on payment by the supplier of amounts due in this subchapter to the lienholders;(4)  any inventory that the dealer wants to keep, provided the dealer has a contractual right to keep the inventory;(5)  equipment delivered to the dealer before the beginning of the 36-month period preceding the date of notification of termination; and(6)  equipment or a repair part that:(A)  is ordered by the dealer on or after the date of notification of termination;(B)  is acquired by the dealer from a source other than the supplier, unless the equipment or repair part was ordered from, or invoiced to the dealer by, the supplier;(C)  is not in new, unsold, undamaged, or complete condition, subject to the provisions of this chapter relating to demonstrators; and(D)  is not returned to the supplier before the 90th day after the later of:(i)  the effective date of termination of a dealer agreement; or(ii)  the date the dealer receives from the supplier all information, including documents or supporting materials, required by the supplier to comply with the supplier's return policy.(b)  The supplier will be required to repurchase a repair part in a broken or damaged package for a repurchase price that is equal to 85 percent of the current net parts cost for the repair part if the aggregate current net parts cost for the entire package of repair parts is $75 or more.(c)  Subsection (a)(6)(D) does not apply to a dealer if the supplier did not give the dealer notice of the 90-day deadline at the time the applicable notice of termination was sent to the dealer.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.|
TX Bus & Com Code § 57.401 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements|Subchapter I. Actions and Remedies|Section 57.401. Civil Action; Injunctive Relief

Sec. 57.401.  CIVIL ACTION; INJUNCTIVE RELIEF.  (a)  If a supplier violates any provision of this chapter, a dealer may bring an action against the supplier in a court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier's violation, including damages for lost profits, together with the actual costs of the action, including the dealer's attorney's fees and paralegal fees and the costs of arbitrators.  The dealer may also be granted injunctive relief for unlawful termination.(b)  A remedy provided by this section is not exclusive and is in addition to any other remedy permitted by law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.|
TX Bus & Com Code § 57.402 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements|Subchapter I. Actions and Remedies|Section 57.402. Choice of Remedies

Sec. 57.402.  CHOICE OF REMEDIES.  The provisions of this chapter are supplemental to any dealer agreement between the dealer and the supplier that provides the dealer with greater protection.  A dealer may elect to pursue its contract remedy or the remedy provided by state law, or both.  An election by the dealer to pursue those remedies does not bar the dealer's right to exercise any other remedies that may be granted at law or in equity.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.|
TX Bus & Com Code § 59.002 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 59 - Responsibility for Defects in Plans and Specifications|Subchapter A. General Provisions|Section 59.002. Applicability of Chapter

Sec. 59.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a contract for the construction or repair of an improvement to real property.(b)  This chapter does not apply to a contract entered into by a person for the construction or repair of a critical infrastructure facility owned or operated by the person or any building, structure, improvement, appurtenance, or other facility owned by the person that is necessary to the operation of and directly related to the critical infrastructure facility.  For purposes of this subsection, "person" has the meaning assigned by Section 311.005, Government Code, and includes a parent, subsidiary, affiliated entity, joint venture partner, or owner of the person.(c)  Except as provided by Section 59.052, this chapter does not apply to the construction, repair, alteration, or remodeling of an improvement to real property if:(1)  the construction, repair, alteration, or remodeling is performed under a design-build contract and the part of the plans, specifications, or other design documents for which the contractor is responsible under the contract is the part alleged to be defective; or(2)  the construction, repair, alteration, or remodeling is performed under an engineering, procurement, and construction contract and the part of the plans, specifications, or other design documents for which the contractor is responsible under the contract is the part alleged to be defective.(d)  Except as provided by Section 59.052, this chapter does not apply to the portion of a contract between a person and a contractor under which the contractor agrees to provide input and guidance on plans, specifications, or other design documents to the extent that:(1)  the contractor's input and guidance are provided as the signed and sealed work product of a person licensed or registered under Title 6, Occupations Code; and (2)  the work product is incorporated into the plans, specifications, or other design documents used in construction.|Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 1, eff. September 1, 2021.|
TX Bus & Com Code § 59.003 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 59 - Responsibility for Defects in Plans and Specifications|Subchapter A. General Provisions|Section 59.003. Waiver Prohibited

Sec. 59.003.  WAIVER PROHIBITED.  This chapter may not be waived.  A purported waiver of this chapter in violation of this section is void.|Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 1, eff. September 1, 2021.|
TX Bus & Com Code § 59.051 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 59 - Responsibility for Defects in Plans and Specifications|Subchapter B. Contractor Responsibility|Section 59.051. Limitation on Contractor's Liability and Responsibility for Certain Defects

Sec. 59.051.  LIMITATION ON CONTRACTOR'S LIABILITY AND RESPONSIBILITY FOR CERTAIN DEFECTS.  (a)  A contractor is not responsible for the consequences of design defects in and may not warranty the accuracy, adequacy, sufficiency, or suitability of plans, specifications, or other design documents provided to the contractor by a person other than the contractor's agents, contractors, fabricators, or suppliers, or its consultants, of any tier.(b)  A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications, or other design documents, disclose in writing to the person with whom the contractor enters into a contract the existence of any known defect in the plans, specifications, or other design documents that is discovered by the contractor, or that reasonably should have been discovered by the contractor using ordinary diligence, before or during construction.  In this subsection, ordinary diligence means the observations of the plans, specifications, or other design documents or the improvement to real property that a contractor would make in the reasonable preparation of a bid or fulfillment of its scope of work under normal circumstances.  Ordinary diligence does not require that the contractor engage a person licensed or registered under Title 6, Occupations Code, or any other person with specialized skills.  A disclosure under this subsection is made in the contractor's capacity as contractor and not as a licensed professional under Title 6, Occupations Code.(c)  A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the consequences of defects that result from the failure to disclose.|Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 1, eff. September 1, 2021.|
TX Bus & Com Code § 59.052 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 59 - Responsibility for Defects in Plans and Specifications|Subchapter B. Contractor Responsibility|Section 59.052. Standard of Care for Certain Designs

Sec. 59.052.  STANDARD OF CARE FOR CERTAIN DESIGNS.  Design services provided under a contract described by Section 59.002(c) or (d) are subject to the same standard of care requirements provided in Section 130.0021, Civil Practice and Remedies Code.|Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 1, eff. September 1, 2021.|
TX Bus & Com Code § 73.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 73 - Registration of Dental Support Organizations|Section 73.001. Definitions

Sec. 73.001.  DEFINITIONS.  In this chapter:(1)  "Business support services" means business, management, consulting, or administrative services, facilities, or staff provided for a dentist, including:(A)  office space, furnishings, and equipment;(B)  staff employed by the dental support organization;(C)  regulatory compliance;(D)  inventory or supplies, including dental equipment and supplies;(E)  information systems;(F)  marketing and advertising;(G)  financial services;(H)  accounting, bookkeeping, or monitoring or payment of accounts receivable;(I)  payroll or benefits administration;(J)  billing and collection for services and products;(K)  reporting and payment of federal or state taxes;(L)  administration of interest expense or indebtedness incurred to finance the operation of a business; or(M)  insurance services.(2)  "Dental support organization" means an entity that, under an agreement, provides two or more business support services to a dentist.(3)  "Dentist" means an individual licensed to practice dentistry in this state.|Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.|
TX Bus & Com Code § 73.002 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 73 - Registration of Dental Support Organizations|Section 73.002. Registration Required

Sec. 73.002.  REGISTRATION REQUIRED.  (a)  A dental support organization shall annually register with the secretary of state.(b)  A dental support organization's registration under this section is considered registration of any subsidiary, contractor, or affiliate of the dental support organization through or with which the dental support organization provides business support services.|Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.|
TX Bus & Com Code § 73.003 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 73 - Registration of Dental Support Organizations|Section 73.003. Exemptions

Sec. 73.003.  EXEMPTIONS.  This chapter does not require registration by:(1)  an accountant providing only accounting services;(2)  an attorney providing only legal counsel;(3)  an insurance company or insurance agent providing only insurance policies to a business; and(4)  entities providing only investment and financial advisory services.|Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.|
TX Bus & Com Code § 73.004 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 73 - Registration of Dental Support Organizations|Section 73.004. Contents of Registration; Fee

Sec. 73.004.  CONTENTS OF REGISTRATION;  FEE.  (a)  The registration required by Section 73.002 must include:(1)  the name and business address of the dental support organization; (2)  the name and business address of each dentist in this state with which the dental support organization has entered into an agreement to provide two or more business support services;(3)  the name of each dentist who owns 10 percent or more of the dental support organization;(4)  the name of each person who is not a dentist and owns 10 percent or more of the dental support organization; and(5)  a list of all business support services provided to each dentist.(b)  A registration and each corrected registration must be accompanied by a fee set by the secretary of state in an amount necessary to recover the costs of administering this chapter.(c)  A registration or corrected registration is not effective until the dental support organization pays the fee required by this section.|Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.|
TX Bus & Com Code § 73.005 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 73 - Registration of Dental Support Organizations|Section 73.005. Timing of Registration; Correction Required

Sec. 73.005.  TIMING OF REGISTRATION;  CORRECTION REQUIRED.  (a)  Except as provided by Subsection (b), the registration required by Section 73.002 must be filed with the secretary of state not later than January 31 of each year for which the registration is effective.(b)  A dental support organization that initially meets the requirement for registration under Section 73.002 after January 31 shall file the registration required by that section not later than the 90th day after the date an agreement to provide business support services is executed.(c)  A dental support organization shall file a corrected registration each quarter as necessary.|Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.|
TX Bus & Com Code § 73.006 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 73 - Registration of Dental Support Organizations|Section 73.006. Failure to File Registration or Correction

Sec. 73.006.  FAILURE TO FILE REGISTRATION OR CORRECTION.  (a)  A person who fails to file a registration or a corrected registration as required by this chapter is liable to the state for a civil penalty in an amount not to exceed $1,000.(b)  Each day a violation continues or occurs is a separate violation for the purpose of imposing the civil penalty.(c)  The attorney general shall file suit to collect the civil penalty provided by this section.  The suit may be filed in Travis County or any county where the dental support organization provides business support services.|Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.|
TX Bus & Com Code § 73.007 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 73 - Registration of Dental Support Organizations|Section 73.007. Interagency Memorandum

Sec. 73.007.  INTERAGENCY MEMORANDUM.  The secretary of state and the State Board of Dental Examiners shall enter into an interagency memorandum to share the information collected by the secretary of state under this chapter with the board.|Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.|
TX Bus & Com Code § 73.008 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 73 - Registration of Dental Support Organizations|Section 73.008. Applicability

Sec. 73.008.  APPLICABILITY.  This chapter does not limit nonclinical business support services that may be provided to a dentist by a dental support organization. |Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.|
TX Bus & Com Code § 93.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle B - Rental Practices|Chapter 93 - Loss Damage Waivers for Rental of Certain Heavy Equipment|Section 93.001. Definitions

Sec. 93.001.  DEFINITIONS.  In this chapter:(1)  "Customer" means a person who rents heavy equipment under a rental agreement.(2)  "Heavy equipment" has the meaning assigned by Section 23.1241, Tax Code. (3)  "Heavy equipment loss damage waiver" means a merchant's agreement to not hold a customer liable for loss from all or part of any damage to heavy equipment.(4)  "Merchant" means a person who, in the ordinary course of business, regularly rents, offers to rent, or arranges for the rental of heavy equipment under a rental agreement.(5)  "Rental agreement" means an agreement under which a customer pays a fee or other consideration to rent heavy equipment.|Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015.|