reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 71.153 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 71 - Assumed Business or Professional Name|Subchapter D. General Provisions Regarding Assumed Name Certificate|Section 71.153. Abandonment of Use of Business or Professional Name

Sec. 71.153.  ABANDONMENT OF USE OF BUSINESS OR PROFESSIONAL NAME.  (a)  A registrant who has filed a certificate under this chapter and who ceases to conduct business or render professional services in this state under the assumed name stated in the certificate may file a statement of abandonment of use of the assumed name in the office in which the registrant's certificate was filed.(b)  The statement of abandonment of use of an assumed name must state:(1)  the assumed name being abandoned;(2)  the date on which the certificate was filed in the office in which the statement of abandonment is being filed and in any other office in which the certificate was filed; and(3)  the registrant's name and residence or office address as required for a certificate filed under this chapter.(c)  A statement of abandonment must be executed and acknowledged in the same manner as if the registrant were filing a certificate under 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 § 71.154 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 71 - Assumed Business or Professional Name|Subchapter D. General Provisions Regarding Assumed Name Certificate|Section 71.154. Index of Certificates

Sec. 71.154.  INDEX OF CERTIFICATES.  (a)  The secretary of state and each county clerk shall keep an alphabetical index of:(1)  all assumed names that have been filed in the office of the respective officer; and(2)  the persons filing the certificates.(b)  A copy of a certificate or statement is presumptive evidence in any court in this state of the facts contained in the copy if the copy is certified to by:(1)  the county clerk in whose office the certificate or statement was filed; or(2)  the secretary of state.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 71.155 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 71 - Assumed Business or Professional Name|Subchapter D. General Provisions Regarding Assumed Name Certificate|Section 71.155. Filing Fees

Sec. 71.155.  FILING FEES.  (a)  Except as provided by Subsection (a-1), the county clerk shall collect a fee of:(1)  $2 for filing each certificate or statement required or permitted to be filed under this chapter; and(2)  50 cents for each name to be indexed.(a-1)  The county clerk may waive all fees under Subsection (a) for a registrant who is a military veteran.  In this subsection, "military veteran" has the meaning assigned by Section 55.001, Occupations Code.(b)  The secretary of state shall collect for the use of this state a fee of:(1)  $25 for indexing and filing each certificate or statement required or permitted to be filed under this chapter; and(2)  $10 for filing each statement of abandonment of use of an assumed name.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Amended by: Acts 2017, 85th Leg., R.S., Ch. 262 (H.B. 1646), Sec. 1, eff. September 1, 2017.|
TX Bus & Com Code § 71.156 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 71 - Assumed Business or Professional Name|Subchapter D. General Provisions Regarding Assumed Name Certificate|Section 71.156. Prescribed Forms

Sec. 71.156.  PRESCRIBED FORMS.  (a)  The secretary of state may prescribe a form to be used for filing a certificate or statement that complies with this chapter in the secretary's office or in the office of any county clerk in this state.(b)  Unless otherwise specifically provided by law, the use of a form prescribed under this section is not mandatory.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 71.157 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 71 - Assumed Business or Professional Name|Subchapter D. General Provisions Regarding Assumed Name Certificate|Section 71.157. Effect of Filing

Sec. 71.157.  EFFECT OF FILING.  (a)  This chapter does not give a registrant a right to use the assumed name in violation of the common or statutory law of unfair competition or unfair trade practices, common law copyright, or similar law.(b)  The filing of a certificate under this chapter does not in itself constitute actual use of the assumed name stated in the certificate for purposes of determining priority of rights.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 71.158 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 71 - Assumed Business or Professional Name|Subchapter D. General Provisions Regarding Assumed Name Certificate|Section 71.158. Filing of Reproduction

Sec. 71.158.  FILING OF REPRODUCTION.  (a)  The secretary of state may accept for filing a photographic, photostatic, or similar reproduction of a signed original document required or authorized to be filed in the secretary's office under this chapter.(b)  A signature on a document required or authorized to be filed in the secretary of state's office under this chapter may be a facsimile.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 71.201 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 71 - Assumed Business or Professional Name|Subchapter E. Penalties|Section 71.201. Civil Action; Sanction

Sec. 71.201.  CIVIL ACTION; SANCTION.  (a)  A person's failure to comply with this chapter does not impair the validity of any contract or act by the person or prevent the person from defending any action or proceeding in any court of this state, but the person may not maintain in a court of this state an action or proceeding arising out of a contract or act in which an assumed name was used until an original, new, or renewed certificate has been filed as required by this chapter.(b)  In an action or proceeding brought against a person who has not complied with this chapter, the court may award the plaintiff or other party bringing the action or proceeding expenses incurred, including attorney's fees, in locating and effecting service of process on the defendant.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 71.202 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 71 - Assumed Business or Professional Name|Subchapter E. Penalties|Section 71.202. Criminal Penalty: General Violation

Sec. 71.202.  CRIMINAL PENALTY: GENERAL VIOLATION.  (a)  A person commits an offense if the person:(1)  conducts business or renders a professional service in this state under an assumed name; and(2)  intentionally violates this chapter.(b)  An offense under this section is a Class A 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 § 71.203 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 71 - Assumed Business or Professional Name|Subchapter E. Penalties|Section 71.203. Criminal Penalty: Fraudulent Filing

Sec. 71.203.  CRIMINAL PENALTY: FRAUDULENT FILING.  (a)  A person may not knowingly or intentionally sign and present for filing or cause to be presented for filing a document authorized or required to be filed under this chapter that:(1)  indicates that the person signing the document has the authority to act on behalf of the entity for which the document is presented and the person does not have that authority;(2)  contains a material false statement; or(3)  is forged.(b)  A person commits an offense if the person violates Subsection (a).  An offense under this subsection is punishable as if it were an offense under Section 37.10, Penal 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 § 72.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 72 - Business Records|Subchapter A. Disposal of Certain Business Records|Section 72.001. Definitions

Sec. 72.001.  DEFINITIONS. In this subchapter:(1)  "Business record" means letters, words, sounds, or numbers, or the equivalent of letters, words, sounds, or numbers, recorded in the operation of a business by:(A)  handwriting;(B)  typewriting;(C)  printing;(D)  photostat;(E)  photograph;(F)  magnetic impulse;(G)  mechanical or electronic recording;(H)  digitized optical image;  or(I)  another form of data compilation.(2)  "Personal identifying information" means an individual's first name or initial and last name in combination with one or more of the following:(A)  date of birth;(B)  social security number or other government-issued identification number;(C)  mother's maiden name;(D)  unique biometric data, including the individual's fingerprint, voice data, or retina or iris image;(E)  unique electronic identification number, address, or routing code;(F)  telecommunication access device as defined by Section 32.51, Penal Code, including debit or credit card information; or(G)  financial institution account number or any other financial information.(3)  "Reproduction" means a counterpart of an original business record produced by:(A)  production from the same impression or the same matrix as the original;(B)  photography, including an enlargement or miniature;(C)  mechanical or electronic rerecording;(D)  chemical reproduction;(E)  digitized optical imaging; or(F)  another technique that accurately reproduces the original.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 72.002 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 72 - Business Records|Subchapter A. Disposal of Certain Business Records|Section 72.002. Destruction of Certain Business Records

Sec. 72.002.  DESTRUCTION OF CERTAIN BUSINESS RECORDS.  (a)  A business record required to be retained by a law of this state may be destroyed at any time after the third anniversary of the date the business record was created.(b)  Subsection (a) does not apply if a law or rule applicable to the business record prescribes a different retention period or procedure for disposal.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 72.003 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 72 - Business Records|Subchapter A. Disposal of Certain Business Records|Section 72.003. Retention of Reproduction of Business Records

Sec. 72.003.  RETENTION OF REPRODUCTION OF BUSINESS RECORDS. A law of this state that requires retention of a business record is satisfied by retention of a reproduction of the original record.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 72.004 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 72 - Business Records|Subchapter A. Disposal of Certain Business Records|Section 72.004. Disposal of Business Records Containing Personal Identifying Information

Sec. 72.004.  DISPOSAL OF BUSINESS RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION.  (a)  This section does not apply to:(1)  a financial institution as defined by 15 U.S.C. Section 6809; or(2)  a covered entity as defined by Section 601.001 or 602.001, Insurance Code.(b)  When a business disposes of a business record that contains personal identifying information of a customer of the business, the business shall modify, by shredding, erasing, or other means, the personal identifying information so as to make the information unreadable or undecipherable.(c)  A business is considered to comply with Subsection (b) if the business contracts with a person engaged in the business of disposing of records for the modification of personal identifying information on behalf of the business in accordance with that subsection.(d)  A business that disposes of a business record without  complying with Subsection (b) is liable for a civil penalty in an amount not to exceed $500 for each business record.  The attorney general may bring an action against the business to:(1)  recover the civil penalty;(2)  obtain any other remedy, including injunctive relief;  and(3)  recover costs and reasonable attorney's fees incurred in bringing the action.(e)  A business that in good faith modifies a business record as required by Subsection (b) is not liable for a civil penalty under Subsection (d) if the business record is reconstructed, wholly or partly, through extraordinary means.(f)  Subsection (b) does not require a business to modify a business record if:(1)  the business is required to retain the business record under another law;  or(2)  the business record is historically significant and:(A)  there is no potential for identity theft or fraud while the business retains custody of the business record; or(B)  the business record is transferred to a professionally managed historical repository.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 72.051 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle A - General Practices|Chapter 72 - Business Records|Subchapter B. Deletion of Certain Records or Information Relating to Customers' Checks|Section 72.051. Required Deletion of Certain Electronic Records

Sec. 72.051.  REQUIRED DELETION OF CERTAIN ELECTRONIC RECORDS.  (a)  In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.(b)  This section applies only to a business that accepts checks from customers in the ordinary course of business.  This section does not apply to a financial institution as defined by 31 U.S.C. Section 5312(a)(2), as amended.(c)  A business shall delete any electronic record indicating that a customer has issued a dishonored check or any other information except for a checking account number or bank routing transit number on which the business bases a refusal to accept a check from a customer.  The record must be deleted not later than the 30th day after the date:(1)  the customer and the business agree that the information contained in the electronic record is incorrect; or(2)  the customer presents to the business:(A)  a copy of a report filed by the customer with a law enforcement agency stating that the dishonored check was unauthorized; and(B)  a written statement of the customer indicating that the dishonored check was unauthorized.(d)  A business that violates Subsection (c) is liable to this state for a civil penalty in an amount not to exceed $1,000.  The attorney general may:(1)  bring an action to recover the civil penalty; and(2)  recover reasonable expenses incurred in recovering the penalty, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 91.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle B - Rental Practices|Chapter 91 - Private Passenger Vehicle Rental Companies|Subchapter A. General Provisions|Section 91.001. Definitions

Sec. 91.001.  DEFINITIONS.  In this chapter:(1)  "Authorized driver" means:(A)  the renter;(B)  a person whom the rental company expressly designates on the rental agreement as an authorized driver;(C)  the renter's spouse if the spouse:(i)  holds a driver's license; and(ii)  satisfies any minimum age requirement established by the rental company;(D)  an employer, employee, or coworker of the renter if the person:(i)  holds a driver's license;(ii)  satisfies any minimum age requirement established by the rental company; and(iii)  is engaged in a business activity with the renter at the time of the rental; or(E)  a person who:(i)  holds a driver's license; and(ii)  is driving directly to a medical or police facility under circumstances reasonably believed to constitute an emergency.(2)  "Damage" means damage to or loss of a rented vehicle, regardless of fault involved in the damage or loss. The term includes:(A)  theft and loss of use; and(B)  any cost incident to the damage or loss, including storage, impound, towing, and administrative charges.(3)  "Damage waiver" means a rental company's agreement not to hold an authorized driver liable for all or part of any damage to a rented vehicle.(4)  "Mandatory charge" means a charge for an item or service provided in connection with a rental transaction, other than a charge imposed by law:(A)  that is in addition to the base rental rate; and(B)  that the renter may not avoid or decline.(5)  "Private passenger vehicle" means a motor vehicle of the private passenger type, including a passenger van, primarily intended for private use.(6)  "Rental agreement" means an agreement for 30 days or less that states the terms governing the use of a private passenger vehicle rented by a rental company.(7)  "Rental company" means a person in the business of renting private passenger vehicles to the public for 30 days or less.  The term does not include a person who holds a license under Chapter 2301, Occupations Code, and whose primary business activity is not renting private passenger vehicles.(8)  "Renter" means a person who obtains use of a private passenger vehicle from a rental company under a rental agreement.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 91.051 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle B - Rental Practices|Chapter 91 - Private Passenger Vehicle Rental Companies|Subchapter B. Damage Waivers and Mandatory Charges|Section 91.051. Written Agreement Required for Damage Waiver

Sec. 91.051.  WRITTEN AGREEMENT REQUIRED FOR DAMAGE WAIVER.  A rental company may not sell a damage waiver unless the renter agrees to the damage waiver in writing at or before the time the rental agreement is executed.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 91.052 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle B - Rental Practices|Chapter 91 - Private Passenger Vehicle Rental Companies|Subchapter B. Damage Waivers and Mandatory Charges|Section 91.052. Notice to Renter

Sec. 91.052.  NOTICE TO RENTER.  (a)  A rental company shall provide each renter who purchases a damage waiver, the charge for which is not included in the base rental rate, the following notice:NOTICE:  Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the vehicle.  Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage.  The purchase of the waiver is not mandatory.  The waiver is not insurance.(b)  The notice under Subsection (a) must be in at least 10-point type.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 91.053 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle B - Rental Practices|Chapter 91 - Private Passenger Vehicle Rental Companies|Subchapter B. Damage Waivers and Mandatory Charges|Section 91.053. Posted Notice

Sec. 91.053.  POSTED NOTICE.  In addition to providing the notice required by Section 91.052, a rental company shall post in a conspicuous location where the damage waiver is offered the following notice:Notice to Texas Residents Regarding Damage WaiversYour personal automobile insurance policy may or may not provide coverage for your responsibility for the loss of or damage to a rented vehicle during the rental term.  Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurance policy provides you coverage for rental vehicle damage or loss.  If you file a claim under your personal automobile insurance policy, your insurance company may choose to nonrenew your policy at your renewal date, but may do so only if you are at fault for the claim.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 91.054 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle B - Rental Practices|Chapter 91 - Private Passenger Vehicle Rental Companies|Subchapter B. Damage Waivers and Mandatory Charges|Section 91.054. Prohibited Representations and Coercion

Sec. 91.054.  PROHIBITED REPRESENTATIONS AND COERCION.  (a)  An employee or agent of a rental company may not:(1)  make an oral or written representation that contradicts this chapter; or(2)  use coercive language or a coercive act in an attempt to persuade a renter to purchase a damage waiver.(b)  For purposes of this section, if the renter has declined the damage waiver, a further statement or question by the employee or agent that refers to the damage waiver, other than a statement made in conjunction with review of the rental agreement that the waiver has been declined, is considered coercive.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 91.055 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 5 - Regulation of Businesses and Services|Subtitle B - Rental Practices|Chapter 91 - Private Passenger Vehicle Rental Companies|Subchapter B. Damage Waivers and Mandatory Charges|Section 91.055. Mandatory Charge

Sec. 91.055.  MANDATORY CHARGE.  (a)  A rental company that includes a mandatory charge in a rental agreement shall prominently display and fully disclose the charge:(1)  separately on the face of the agreement; and(2)  in all of the rental company's price advertising, price quotes, price offers, and price displays, including displays in computerized reservation systems.(b)  A rental company may not impose or require the purchase of a damage waiver as a mandatory charge.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|