reglab/housing_qa huggingface dataset:
TX Occ Code § 2307.004 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2307 - Insurer Interests in Repair Facilities|Section 2307.004. Contractual Conditions

Sec. 2307.004.  CONTRACTUAL CONDITIONS.  (a)  An insurer that owns an interest in a repair facility may use only one favored facility agreement.(b)  Except as otherwise provided by this subsection, the terms under which the insurer enters into a favored facility agreement must be identical for all repair facilities, including a tied repair facility.  An insurer may vary the terms as necessary to implement technical differences required by geographical factors or other legitimate business factors.(c)  Except as provided by Subsection (d), an insurer may not cancel a favored facility agreement until the expiration of the 30th day after the date on which the insurer provides notice to the repair facility of the insurer's intent to cancel the agreement.  The insurer shall include with the notice a statement explaining the reason for the cancellation of the agreement.(d)  An insurer may summarily cancel a favored facility agreement with a repair facility if the insurer, a policyholder of the insurer, or another beneficiary under the insurer's policy establishes reasonable grounds to believe that the repair facility is fraudulent in its dealings with the insurer or the policyholder or other beneficiaries under the insurer's policy.|Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.Renumbered from Occupations Code, Section 2306.004 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.|
TX Occ Code § 2307.005 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2307 - Insurer Interests in Repair Facilities|Section 2307.005. Notice

Sec. 2307.005.  NOTICE.  (a)  An insurer that owns an interest in a repair facility shall post the following notice in each of its tied repair facilities:"THIS REPAIR FACILITY IS OWNED IN WHOLE OR IN PART BY (NAME OF INSURER). YOU ARE HEREBY NOTIFIED THAT YOU ARE ENTITLED TO SEEK REPAIRS AT ANY REPAIR FACILITY OF YOUR CHOICE."(b)  The notice required by Subsection (a) must be posted prominently in a location in which it is likely to be seen and read by a customer of the repair facility.|Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.Renumbered from Occupations Code, Section 2306.005 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.|
TX Occ Code § 2307.006 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2307 - Insurer Interests in Repair Facilities|Section 2307.006. Prohibitions

Sec. 2307.006.  PROHIBITIONS.  An insurer may not:(1)  condition the provision of a product, service, insurance policy renewal, pricing, or other benefit on the purchase of any good or service from its tied repair facilities;(2)  share information with its tied repair facilities that is not made available on identical terms and conditions to other repair facilities with which the insurer has entered into a favored facility agreement;(3)  engage in a joint marketing program with its tied repair facilities;(4)  provide its tied repair facilities a recommendation, referral, description, advantage, or access to its policyholders or other beneficiaries under its insurance policies that is not provided on identical terms to other repair facilities with which the insurer has entered into a favored facility agreement;(5)  provide a tied repair facility access to the insurer's products or services on terms and conditions different from those under which the insurer provides access to the same products or services to another repair facility with which the insurer has entered into a favored facility agreement;(6)  allow a tied repair facility to use the insurer's name, trademark, tradename, brand, or logo in a manner different than that allowed for any other favored facility;(7)  subsidize the business activities or operating expenses of a tied repair facility;(8)  directly or indirectly require a policyholder of the insurer or other beneficiary under the insurer's policy to obtain a damage estimate on a vehicle covered by the insurance policy at a tied repair facility;(9)  authorize or allow a person representing the insurer, whether an employee or an independent contractor, to recommend to a policyholder or other beneficiary under the insurance policy that the policyholder or other beneficiary obtain repairs at a tied repair facility, except to the same extent that the person recommends other repair facilities with whom the insurer has entered into a favored facility agreement;(10)  require a policyholder or beneficiary to use a claims center located on the premises of a tied repair facility;(11)  enter into a favored facility agreement exclusively with its tied repair facilities;(12)  retaliate or discriminate against a person who:(A)  files an action as provided by this chapter;  or(B)  assists or participates in any manner in an investigation, judicial proceeding, or other action brought or maintained as provided by this chapter;  or(13)  include earnings or losses of a tied repair facility in a rate filing made under Chapter 5, Insurance Code.|Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.Renumbered from Occupations Code, Section 2306.006 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.|
TX Occ Code § 2307.007 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2307 - Insurer Interests in Repair Facilities|Section 2307.007. Conflict of Interest Prohibited

Sec. 2307.007.  CONFLICT OF INTEREST PROHIBITED.  Except as otherwise provided by this chapter, an agreement between an insurer and its tied repair facility must be negotiated and executed as an arm's length transaction.|Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.Renumbered from Occupations Code, Section 2306.007 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.|
TX Occ Code § 2307.008 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2307 - Insurer Interests in Repair Facilities|Section 2307.008. Support Services

Sec. 2307.008.  SUPPORT SERVICES.  (a)  Notwithstanding this chapter, and except as provided by Subsection (b), an insurer may provide support services to its tied repair facilities if those services:(1)  are priced at a level that is fair and reasonable to both the insurer and the tied repair facility;  and(2)  do not directly or indirectly confer a competitive advantage to the tied repair facility.(b)  Notwithstanding Subsection (a), an agreement by an insurer to provide support services to its tied repair facility may not create the potential for confusion among the policyholders of the insurer, other beneficiaries of an insurance policy issued by the insurer, or other parties.|Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.Renumbered from Occupations Code, Section 2306.008 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.|
TX Occ Code § 2307.009 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2307 - Insurer Interests in Repair Facilities|Section 2307.009. Action to Compel Compliance; Disciplinary Action

Sec. 2307.009.  ACTION TO COMPEL COMPLIANCE;  DISCIPLINARY ACTION.  (a)  A person, including a repair facility, aggrieved by a violation of this chapter by an insurer may bring an action for injunctive or other appropriate relief to compel the insurer to comply with this chapter.(b)  In an action brought under this section, in addition to other appropriate relief, the court may impose a civil penalty as provided by this section.(c)  A civil penalty imposed under this section may not be less than $1,000 or more than $5,000 per violation.  Each day during which a violation occurs is a separate violation.(d)  The amount of a civil penalty under this section is based on the seriousness of the violation, and must reflect the following factors:(1)  the nature, circumstances, extent, and gravity of the act or omission that constitutes the violation;(2)  the economic harm caused by the violation;(3)  the history of previous violations;(4)  the need to deter future violations by the person charged with a violation;(5)  efforts, if any, made to correct the violation;  and(6)  any other factors the court considers appropriate to implement the remedial intent of this chapter.(e)  A civil penalty collected under this section shall be sent to the comptroller for deposit in the general revenue fund.(f)  A plaintiff who prevails in an action under this section is entitled to recover reasonable attorney's fees and court costs.(g)  If a court finds that an action brought under this section was groundless, brought in bad faith, or brought for the purpose of harassment, the court may award reasonable attorney's fees to the prevailing defendant.|Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.Renumbered from Occupations Code, Section 2306.009 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.|
TX Occ Code § 2307.010 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2307 - Insurer Interests in Repair Facilities|Section 2307.010. Antitrust Enforcement

Sec. 2307.010.  ANTITRUST ENFORCEMENT.  This chapter does not confer immunity from an antitrust law of this state or the United States.  A sanction or penalty imposed in an action brought under this chapter is in addition to other relief granted on the basis of the violation of an antitrust law of this state or the United States.|Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.Renumbered from Occupations Code, Section 2306.010 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.|
TX Occ Code § 2307.011 (2021)
2021 Texas Statutes|Occupations Code|Title 14 - Regulation of Motor Vehicles and Transportation|Subtitle A - Regulations Related to Motor Vehicles|Chapter 2307 - Insurer Interests in Repair Facilities|Section 2307.011. Exclusivity

Sec. 2307.011.  EXCLUSIVITY.  Unless otherwise specifically provided by this chapter, this chapter provides the exclusive authority and rules applicable to the regulation of the relations between an insurer and a tied repair facility.|Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.Renumbered from Occupations Code, Section 2306.011 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.|
TX Occ Code § 2501.001 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter A. General Provisions|Section 2501.001. Definitions

Sec. 2501.001.  DEFINITIONS.  In this chapter:(1)  "Applicant" means a person who:(A)  engages the services of a personnel service to secure employment;  or(B)  is placed with an employer by a personnel service.(2)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 102, Sec. 2(1), eff. May 20, 2011.(3)  "Counselor" means a person who:(A)  interviews and refers an applicant to a prospective employer;  or(B)  solicits job orders from an employer.(3-a)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 102, Sec. 2(1), eff. May 20, 2011.(4)  "Employer" means a person who employs or seeks to employ an employee.(4-a)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 102, Sec. 2(1), eff. May 20, 2011.(5)  "Fee" means anything of value, including valuable consideration or a service or the promise of valuable consideration or a service, directly or indirectly received by a personnel service as payment from a person seeking employment.(6)  "Job order" means a verbal or written notice of a job opening from an employer.(7)  "Owner" means a person who possesses a proprietary interest in a personnel service.(8)  "Person" means an individual, partnership, association, corporation, legal representative, trustee in bankruptcy, or receiver.(9)  "Personnel service" means a person who, regardless of whether for a fee, directly or indirectly offers or attempts to obtain permanent employment for an applicant or obtains or attempts to obtain a permanent employee for an employer.  The term does not include a newspaper of general circulation or other publication that primarily communicates information, other than information relating to employment positions, and that does not claim to adapt the information provided to the needs or desires of an individual applicant.  The term includes a person who offers the facilities of or advertises as:(A)  an executive search or consulting service;(B)  an out-placement service;(C)  an overseas placement service;(D)  a job listing service;(E)  a personnel consulting service;  or(F)  a resume service that provides job market investigation, research, or evaluation.(10)  "Service file" means a job order, resume, application, workpaper, or other record containing information relating to:(A)  an applicant;(B)  an employer;(C)  an employment position;  or(D)  the operation of a personnel service.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 11.001, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 102 (S.B. 1168), Sec. 2(1), eff. May 20, 2011.Acts 2011, 82nd Leg., R.S., Ch. 565 (H.B. 3167), Sec. 2.02(1), eff. September 1, 2011.|
TX Occ Code § 2501.002 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter A. General Provisions|Section 2501.002. Exception

Sec. 2501.002.  EXCEPTION.  This chapter does not apply to:(1)  a personnel service operated by the United States, this state, or a municipality of this state;(2)  a personnel service operated by a person who does not assess a fee if the personnel service is operated in conjunction with the person's own business exclusively to employ help for that business;(3)  a labor union;  or(4)  a professional counselor licensed under Chapter 503.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.|
TX Occ Code § 2501.101 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter C. Prohibited Practices|Section 2501.101. Prohibited Practices

Sec. 2501.101.  PROHIBITED PRACTICES.  (a)  An owner, operator, counselor, agent, or employee of a personnel service may not:(1)  share or attempt to share a fee paid by a person seeking employment or an employer with an employer or an agent or employee of an employer or another person provided services by the personnel service;(2)  make or cause to be made a false promise, misrepresentation, or misleading statement or give or cause to be given misleading information to an applicant;(3)  refer an applicant to an employer unless the personnel service has a job order for the referral;(4)  advertise a position unless the personnel service has a job order verifiable by the employer;(5)  procure or attempt to procure the discharge of a person from the person's current employment;(6)  induce, solicit, or attempt to induce or solicit an employee to terminate current employment in order to obtain new employment if the current employment was obtained through that personnel service or a personnel service that has a common ownership with that personnel service unless the employee initiates the new contact;(7)  deliver, disclose, distribute, or otherwise communicate to or receive from a person a service file or information contained in a service file, except as authorized by the personnel service that owns the file;(8)  advertise in any medium, including a newspaper, trade publication, billboard, radio, television, card, printed notice, circular, contract, letterhead, or any other material made for public distribution, except an envelope, without clearly stating that the advertisement is by a firm providing a private personnel service;(9)  refer an applicant to a place where the personnel service has knowledge of the existence of a strike or lockout unless the personnel service informs the applicant in writing of the strike or lockout before the referral is made;  or(10)  refer an applicant to employment harmful to the applicant's health or morals if the personnel service has knowledge of the harmful condition.(b)  An employer or a person seeking employment may not:(1)  make a false statement or conceal any material fact to obtain an employee or employment by or through a personnel service;  or(2)  share or attempt to share with a person subject to this chapter a fee paid or another payment made for the services of a personnel service.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.|
TX Occ Code § 2501.102 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter C. Prohibited Practices|Section 2501.102. Imposition of Fee Prohibited Before Employment Offer Accepted

Sec. 2501.102.  IMPOSITION OF FEE PROHIBITED BEFORE EMPLOYMENT OFFER ACCEPTED.  Notwithstanding any refund policy, an owner, operator, counselor, agent, or employee of a personnel service may not impose a fee on an applicant until the applicant accepts an offer of employment resulting from an employment referral made by the personnel service.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.|
TX Occ Code § 2501.103 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter C. Prohibited Practices|Section 2501.103. Charging of Fee in Excess of Certain Amount Prohibited if Employment Terminated

Sec. 2501.103.  CHARGING OF FEE IN EXCESS OF CERTAIN AMOUNT PROHIBITED IF EMPLOYMENT TERMINATED.  An owner, operator, counselor, agent, or employee of a personnel service may not charge an applicant a fee that exceeds 20 percent of the applicant's gross wages if:(1)  the employment accepted by the applicant as a result of a referral by the personnel service lasts less than 30 days;  and(2)  the applicant terminates the employment for good cause.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.|
TX Occ Code § 2501.201 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter E. Civil Liability|Section 2501.201. Liability for Damages

Sec. 2501.201.  LIABILITY FOR DAMAGES.  (a)  In this section, "knowingly" means actual awareness of the act or practice that is the alleged violation.  Actual awareness may be inferred if any objective manifestation indicates that the person acted with actual awareness.(b)  A person who violates this chapter is liable to a person adversely affected by the violation for:(1)  actual damages;  or(2)  if the person adversely affected establishes that the violation was committed knowingly, three times the amount of actual damages.(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 102, Sec. 2(2), eff. May 20, 2011.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 102 (S.B. 1168), Sec. 2(2), eff. May 20, 2011.Acts 2011, 82nd Leg., R.S., Ch. 565 (H.B. 3167), Sec. 2.02(2), eff. September 1, 2011.|
TX Occ Code § 2501.202 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter E. Civil Liability|Section 2501.202. Injunction and Other Remedies

Sec. 2501.202.  INJUNCTION AND OTHER REMEDIES.  A plaintiff in an action filed under Section 2501.201 may obtain:(1)  an order enjoining the defendant from violating this chapter;(2)  any order necessary to restore to the plaintiff any property acquired by the defendant in violation of this chapter; or(3)  other relief the court considers proper, including:(A)  the appointment of a receiver if the judgment against the defendant is not satisfied within three months after the date of the final judgment; or(B)   an order enjoining the defendant from acting as a personnel service.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 102 (S.B. 1168), Sec. 1, eff. May 20, 2011.Acts 2011, 82nd Leg., R.S., Ch. 565 (H.B. 3167), Sec. 2.01, eff. September 1, 2011.|
TX Occ Code § 2501.203 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter E. Civil Liability|Section 2501.203. Award of Attorney's Fees

Sec. 2501.203.  AWARD OF ATTORNEY'S FEES.  (a)  A plaintiff who prevails in an action filed under Section 2501.201 is entitled to receive court costs and reasonable and necessary attorney's fees.(b)  On finding that an action filed under Section 2501.201 is groundless and was brought in bad faith or for the purpose of harassment, the court may award court costs and reasonable attorney's fees to the defendant.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.|
TX Occ Code § 2501.204 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter E. Civil Liability|Section 2501.204. Deceptive Trade Practice

Sec. 2501.204.  DECEPTIVE TRADE PRACTICE.  A violation of this chapter is a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code, and any public or private right or remedy authorized by Subchapter E, Chapter 17, Business & Commerce Code, may be used to enforce this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.|
TX Occ Code § 2501.251 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter F. Penalties|Section 2501.251. Criminal Penalty

Sec. 2501.251.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly violates this chapter.(b)  An offense under this section is a Class A misdemeanor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.|
TX Occ Code § 2501.252 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter F. Penalties|Section 2501.252. Trade Secret

Sec. 2501.252.  TRADE SECRET.  A service file is a trade secret for purposes of Section 31.05, Penal Code.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.|
TX Occ Code § 2501.254 (2021)
2021 Texas Statutes|Occupations Code|Title 15 - Occupations Related to Employment|Chapter 2501 - Personnel Services|Subchapter F. Penalties|Section 2501.254. Effect on Other Remedies and Enforcement Powers

Sec. 2501.254.  EFFECT ON OTHER REMEDIES AND ENFORCEMENT POWERS.  This chapter does not affect a public or private remedy or enforcement power available under other law.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.|