reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 17.48 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.48. Duty of District and County Attorney

Sec. 17.48.  DUTY OF DISTRICT AND COUNTY ATTORNEY.  (a)  It is the duty of the district and county attorneys to lend to the consumer protection division any assistance requested in the commencement and prosecutions of action under this subchapter.(b)  A district or county attorney, with prior written notice to the consumer protection division, may institute and prosecute actions seeking injunctive relief under this subchapter, after complying with the prior contact provisions of Subsection (a) of Section 17.47 of this subchapter.  On request, the consumer protection division shall assist the district or county attorney in any action taken under this subchapter.  If an action is prosecuted by a district or county attorney alone, he shall make a full report to the consumer protection division including the final disposition of the matter.  No district or county attorney may bring an action under this section against any licensed insurer or licensed insurance agent transacting business under the authority and jurisdiction of the State Board of Insurance unless first requested in writing to do so by the State Board of Insurance, the commissioner of insurance, or the consumer protection division pursuant to a request by the State Board of Insurance or commissioner of insurance.(c)  In an action prosecuted by a district or county attorney under this subchapter for a violation of Section 17.46(b)(28), three-fourths of any civil penalty awarded by a court must be paid to the county where the court is located.(d)  A district or county attorney is not required to obtain the permission of the consumer protection division to prosecute an action under this subchapter for a violation of Section 17.46(b)(28), if the district or county attorney provides prior written notice to the division as required by Subsection (b).|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1080 (H.B. 2573), Sec. 2, eff. September 1, 2015.|
TX Bus & Com Code § 17.501 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.501. Consumer Protection Division Participation in Class Action

Sec. 17.501.  CONSUMER PROTECTION DIVISION PARTICIPATION IN CLASS ACTION.  (a)  A consumer filing an action under Section 17.50 that is to be maintained as a class action shall send to the consumer protection division:(1)  a copy of the notice required by Section 17.505(a), by registered or certified mail, at the same time the notice is given to the person complained against;  and(2)  a copy of the petition in the action not later than the earlier of:(A)  the 30th day after the date the petition is filed;  or(B)  the 10th day before the date of any hearing on class certification or a proposed settlement.(b)  The court shall abate the action for 60 days if the court finds that notice was not provided to the consumer protection division as required by Subsection (a).(c)  The court, on a showing of good cause, may allow the consumer protection division, as representative of the public, to intervene in an action to which this section applies.  The consumer protection division shall file its motion for intervention with the court before which the action is pending and serve a copy of the motion on each party to the action. |Added by Acts 2003, 78th Leg., ch. 360, Sec. 2, eff. Sept. 1, 2003.|
TX Bus & Com Code § 17.505 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.505. Notice; Inspection

Sec. 17.505.  NOTICE;  INSPECTION.  (a)  As a prerequisite to filing a suit seeking damages under Subdivision (1) of Subsection (b) of Section 17.50 of this subchapter against any person, a consumer shall give written notice to the person at least 60 days before filing the suit advising the person in reasonable detail of the consumer's specific complaint and the amount of economic damages, damages for mental anguish, and expenses, including attorneys' fees, if any, reasonably incurred by the consumer in asserting the claim against the defendant.  During the 60-day period a written request to inspect, in a reasonable manner and at a reasonable time and place, the goods that are the subject of the consumer's action or claim may be presented to the consumer.(b)  If the giving of 60 days' written notice is rendered impracticable by reason of the necessity of filing suit in order to prevent the expiration of the statute of limitations or if the consumer's claim is asserted by way of counterclaim, the notice provided for in Subsection (a) of this section is not required, but the tender provided for by Subsection (d), Section 17.506 of this subchapter may be made within 60 days after service of the suit or counterclaim.(c)  A person against whom a suit is pending who does not receive written notice, as required by Subsection (a), may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending.  This subsection does not apply if Subsection (b) applies.(d)  The court shall abate the suit if the court, after a hearing, finds that the person is entitled to an abatement because notice was not provided as required by this section.  A suit is automatically abated without the order of the court beginning on the 11th day after the date a plea in abatement is filed under Subsection (c) if the plea in abatement:(1)  is verified and alleges that the person against whom the suit is pending did not receive the written notice as required by Subsection (a);  and(2)  is not controverted by an affidavit filed by the consumer before the 11th day after the date on which the plea in abatement is filed.(e)  An abatement under Subsection (d) continues until the 60th day after the date that written notice is served in compliance with Subsection (a).|Added by Acts 1977, 65th Leg., p. 604, ch. 216, Sec. 6, eff. May 23, 1977.  Amended by Acts 1979, 66th Leg., p. 1330, ch. 603, Sec. 5, eff. Aug. 27, 1979.  Renumbered from Bus. & C. Code Sec. 17.50A and amended by Acts 1987, 70th Leg., ch. 167, Sec. 5.02(4), (5), eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 380, Sec. 3, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 414, Sec. 6, eff. Sept. 1, 1995.|
TX Bus & Com Code § 17.5051 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.5051. Mediation

Sec. 17.5051.  MEDIATION.  (a)  A party may, not later than the 90th day after the date of service of a pleading in which relief under this subchapter is sought, file a motion to compel mediation of the dispute in the manner provided by this section.(b)  The court shall, not later than the 30th day after the date a motion under this section is filed, sign an order setting the time and place of the mediation.(c)  If the parties do not agree on a mediator, the court shall appoint the mediator.(d)  Mediation shall be held within 30 days after the date the order is signed, unless the parties agree otherwise or the court determines that additional time, not to exceed an additional 30 days, is warranted.(e)  Except as agreed to by all parties who have appeared in the action, each party who has appeared shall participate in the mediation and, except as provided by Subsection (f), shall share the mediation fee.(f)  A party may not compel mediation under this section if the amount of economic damages claimed is less than $15,000, unless the party seeking to compel mediation agrees to pay the costs of the mediation.(g)  Except as provided in this section, Section 154.023, Civil Practice and Remedies Code, and Subchapters C and D, Chapter 154, Civil Practice and Remedies Code, apply to the appointment of a mediator and to the mediation process provided by this section.(h)  This section does not apply to an action brought by the attorney general under Section 17.47.|Added by Acts 1995, 74th Leg., ch. 414, Sec. 7, eff. Sept. 1, 1995.|
TX Bus & Com Code § 17.55 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.55. Promotional Material

Sec. 17.55.  PROMOTIONAL MATERIAL.  If damages or civil penalties are assessed against the seller of goods or services for advertisements or promotional material in a suit filed under Section 17.47, 17.48, 17.50, or 17.51 of this subchapter, the seller of the goods or services has a cause of action against a third party for the amount of damages or civil penalties assessed against the seller plus attorneys' fees on a showing that:(1)  the seller received the advertisements or promotional material from the third party;(2)  the seller's only action with regard to the advertisements or promotional material was to disseminate the material;  and(3)  the seller has ceased disseminating the material.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.|
TX Bus & Com Code § 17.555 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.555. Indemnity

Sec. 17.555.  INDEMNITY.  A person against whom an action has been brought under this subchapter may seek contribution or indemnity from one who, under the statute law or at common law, may have liability for the damaging event of which the consumer complains.  A person seeking indemnity as provided by this section may recover all sums that he is required to pay as a result of the action, his attorney's fees reasonable in relation to the amount of work performed in maintaining his action for indemnity, and his costs.|Added by Acts 1977, 65th Leg., p. 604, ch. 216, Sec. 7, eff. May 23, 1977.  Renumbered from Sec. 17.55A by Acts 1987, 70th Leg., ch. 167, Sec. 5.02(6), eff. Sept. 1, 1987.|
TX Bus & Com Code § 17.56 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.56. Venue

Text of section as amended by Acts 1995, 74th Leg., ch. 138, Sec. 7.Sec. 17.56.  VENUE.  Except as provided by Article 5.06-1(8), Insurance Code, an action brought which alleges a claim to relief under Section 17.50 of this subchapter shall be brought as provided by Chapter 15, Civil Practice and Remedies Code.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1977, 65th Leg., p. 604, ch. 216, Sec. 8, eff. May 23, 1977;  Acts 1979, 66th Leg., p. 1332, ch. 603, Sec. 7, eff. Aug. 27, 1979;  Acts 1995, 74th Leg., ch. 138, Sec. 7, eff. Aug. 28, 1995.|
TX Bus & Com Code § 17.56 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.56. Venue

Text of section as amended by Acts 1995, 74th Leg., ch. 414, Sec. 9.Sec. 17.56.  VENUE.  An action brought under this subchapter may be brought:(1)  in any county in which venue is proper under Chapter 15, Civil Practice and Remedies Code;  or(2)  in a county in which the defendant or an authorized agent of the defendant solicited the transaction made the subject of the action at bar.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1977, 65th Leg., p. 604, ch. 216, Sec. 8, eff. May 23, 1977;  Acts 1979, 66th Leg., p. 1332, ch. 603, Sec. 7, eff. Aug. 27, 1979;  Acts 1995, 74th Leg., ch. 414, Sec. 9, eff. Sept. 1, 1995.|
TX Bus & Com Code § 17.565 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.565. Limitation

Sec. 17.565.  LIMITATION.  All actions brought under this subchapter must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice.  The period of limitation provided in this section may be extended for a period of 180 days if the plaintiff proves that failure timely to commence the action was caused by the defendant's knowingly engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action.|Added by Acts 1979, 66th Leg., p. 1332, ch. 603, Sec. 8, eff. Aug. 27, 1979.  Renumbered from Bus. & C. Code Sec. 17.56A by Acts 1987, 70th Leg., ch. 167, Sec. 5.02(7), eff. Sept. 1, 1987.|
TX Bus & Com Code § 17.57 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.57. Subpoenas

Sec. 17.57.  SUBPOENAS.  The clerk of a district court at the request of any party to a suit pending in his court which is brought under this subchapter shall issue a subpoena for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of the county in which the suit is pending or who may be found within such distance at the time of trial.  The clerk shall issue a separate subpoena and a copy thereof for each witness subpoenaed.  When an action is pending in Travis County on the consent of the parties a subpoena may be issued for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of a county in which the suit could otherwise have been brought or who may be found within such distance at the time of the trial.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.|
TX Bus & Com Code § 17.58 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.58. Voluntary Compliance

Sec. 17.58.  VOLUNTARY COMPLIANCE.  (a)  In the administration of this subchapter the consumer protection division may accept assurance of voluntary compliance with respect to any act or practice which violates this subchapter from any person who is engaging in, has engaged in, or is about to engage in the act or practice.  The assurance shall be in writing and shall be filed with and subject to the approval of the district court in the county in which the alleged violator resides or does business or in the district court of Travis County.(b)  The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person in violation of this subchapter restore to any person in interest any money or property, real or personal, which may have been acquired by means of acts or practices which violate this subchapter.(c)  An assurance of voluntary compliance shall not be considered an admission of prior violation of this subchapter.  However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of this subchapter.(d)  Matters closed by the filing of an assurance of voluntary compliance may be reopened at any time.  Assurances of voluntary compliance shall in no way affect individual rights of action under this subchapter, except that the rights of individuals with regard to money or property received pursuant to a stipulation in the voluntary compliance under Subsection (b) of this section are governed by the terms of the voluntary compliance.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.|
TX Bus & Com Code § 17.59 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.59. Post Judgment Relief

Sec. 17.59.  POST JUDGMENT RELIEF.  (a)  If a money judgment entered under this subchapter is unsatisfied 30 days after it becomes final and if the prevailing party has made a good faith attempt to obtain satisfaction of the judgment, the following presumptions exist with respect to the party against whom the judgment was entered:(1)  that the defendant is insolvent or in danger of becoming insolvent;  and(2)  that the defendant's property is in danger of being lost, removed, or otherwise exempted from collection on the judgment;  and(3)  that the prevailing party will be materially injured unless a receiver is appointed over the defendant's business;  and(4)  that there is no adequate remedy other than receivership available to the prevailing party.(b)  Subject to the provisions of Subsection (a) of this section, a prevailing party may move that the defendant show cause why a receiver should not be appointed.  Upon adequate notice and hearing, the court shall appoint a receiver over the defendant's business unless the defendant proves that all of the presumptions set forth in Subsection (a) of this section are not applicable.(c)  The order appointing a receiver must clearly state whether the receiver will have general power to manage and operate the defendant's business or have power to manage only a defendant's finances.  The order shall limit the duration of the receivership to such time as the judgment or judgments awarded under this subchapter are paid in full.  Where there are judgments against a defendant which have been awarded to more than one plaintiff, the court shall have discretion to take any action necessary to efficiently operate a receivership in order to accomplish the purpose of collecting the judgments.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1977, 65th Leg., p. 604, ch. 216, Sec. 9, eff. May 23, 1977.|
TX Bus & Com Code § 17.60 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.60. Reports and Examinations

Sec. 17.60.  REPORTS AND EXAMINATIONS.  Whenever the consumer protection division has reason to believe that a person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this subchapter, or when it reasonably believes it to be in the public interest to conduct an investigation to ascertain whether any person is engaging in, has engaged in, or is about to engage in any such act or practice, an authorized member of the division may:(1)  require the person to file on the prescribed forms a statement or report in writing, under oath or otherwise, as to all the facts and circumstances concerning the alleged violation and such other data and information as the consumer protection division deems necessary;(2)  examine under oath any person in connection with this alleged violation;(3)  examine any merchandise or sample of merchandise deemed necessary and proper;  and(4)  pursuant to an order of the appropriate court, impound any sample of merchandise that is produced in accordance with this subchapter and retain it in the possession of the division until the completion of all proceedings in connection with which the merchandise is produced.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1989, 71st Leg., ch. 1082, Sec. 8.02, eff. Jan. 1, 1991;  Acts 1991, 72nd Leg., ch. 242, Sec. 11.19, eff. Sept. 1, 1991.|
TX Bus & Com Code § 17.62 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter E. Deceptive Trade Practices and Consumer Protection|Section 17.62. Penalties

Sec. 17.62.  PENALTIES.  (a)  Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with Section 17.60 or 17.61 of this subchapter, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material or merchandise or sample of merchandise is guilty of a misdemeanor and on conviction is punishable by a fine of not more than $5,000 or by confinement in the county jail for not more than one year, or both.(b)  If a person fails to comply with a directive of the consumer protection division under Section 17.60 of this subchapter or with a civil investigative demand for documentary material served on him under Section 17.61 of this subchapter, or if satisfactory copying or reproduction of the material cannot be done and the person refuses to surrender the material, the consumer protection division may file in the district court in the county in which the person resides, is found, or transacts business, and serve on the person, a petition for an order of the court for enforcement of Sections 17.60 and 17.61 of this subchapter.  If the person transacts business in more than one county, the petition shall be filed in the county in which the person maintains his principal place of business, or in another county agreed on by the parties to the petition.(c)  When a petition is filed in the district court in any county under this section, the court shall have jurisdiction to hear and determine the matter presented and to enter any order required to carry into effect the provisions of Sections 17.60 and 17.61 of this subchapter.  Any final order entered is subject to appeal to the Texas Supreme Court.  Failure to comply with any final order entered under this section is punishable by contempt.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.|Sec. 17.63.  APPLICATION.  The provisions of this subchapter apply only to acts or practices occurring after the effective date of this subchapter, except a right of action or power granted to the attorney general under Chapter 10, Title 79, Revised Civil Statutes of Texas, 1925, as amended, prior to the effective date of this subchapter.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.|
TX Bus & Com Code § 17.81 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter F. Going Out of Business Sales|Section 17.81. Definition

Sec. 17.81.  DEFINITION.  In this chapter "going out of business sale" means an offer to sell to the public, or the sale to the public of, goods, wares, and merchandise on the implied or direct representation by written or oral advertising that the sale is in anticipation of the termination of all of the operations of a business at all of its locations in a county and in all of the counties immediately adjacent to that county.|Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.|