reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 24.007 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 3 - Insolvency, Fraudulent Transfers, and Fraud|Chapter 24 - Uniform Fraudulent Transfer Act|Section 24.007. When Transfer Is Made or Obligation Is Incurred

Sec. 24.007.  WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED.  For the purposes of this chapter:(1)  a transfer is made:(A)  with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee;  and(B)  with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;(2)  if applicable law permits the transfer to be perfected as provided in Subdivision (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action;(3)  if applicable law does not permit the transfer to be perfected as provided in Subdivision (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee;(4)  a transfer is not made until the debtor has acquired rights in the asset transferred;  and(5)  an obligation is incurred:(A)  if oral, when it becomes effective between the parties;  or(B)  if evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.|Amended by Acts 1987, 70th Leg., ch. 1004, Sec. 1, eff. Sept. 1, 1987.|
TX Bus & Com Code § 24.008 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 3 - Insolvency, Fraudulent Transfers, and Fraud|Chapter 24 - Uniform Fraudulent Transfer Act|Section 24.008. Remedies of Creditors

Sec. 24.008.  REMEDIES OF CREDITORS.  (a)  In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 24.009 of this code, may obtain:(1)  avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;(2)  an attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the applicable Texas Rules of Civil Procedure and the Civil Practice and Remedies Code relating to ancillary proceedings;  or(3)  subject to applicable principles of equity and in accordance with applicable rules of civil procedure:(A)  an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;(B)  appointment of a receiver to take charge of the asset transferred or of other property of the transferee;  or(C)  any other relief the circumstances may require.(b)  If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.|Amended by Acts 1987, 70th Leg., ch. 1004, Sec. 1, eff. Sept. 1, 1987.|
TX Bus & Com Code § 24.010 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 3 - Insolvency, Fraudulent Transfers, and Fraud|Chapter 24 - Uniform Fraudulent Transfer Act|Section 24.010. Extinguishment of Cause of Action

Sec. 24.010.  EXTINGUISHMENT OF CAUSE OF ACTION.  (a)  Except as provided by Subsection (b) of this section, a cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought:(1)  under Section 24.005(a)(1) of this code, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;(2)  under Section 24.005(a)(2) or 24.006(a) of this code, within four years after the transfer was made or the obligation was incurred;  or(3)  under Section 24.006(b) of this code, within one year after the transfer was made.(b)  A cause of action on behalf of a spouse, minor, or ward with respect to a fraudulent transfer or obligation under this chapter is extinguished unless the action is brought:(1)  under Section 24.005(a) or 24.006(a) of this code, within two years after the cause of action accrues, or if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;  or(2)  under Section 24.006(b) of this code within one year after the date the transfer was made.(c)  If a creditor entitled to bring an action under this chapter is under a legal disability when a time period prescribed by this section starts, the time of the disability is not included in the period.  A disability that arises after the period starts does not suspend the running of the period.  A creditor may not tack one legal disability to another to extend the period.  For the purposes of this subsection, a creditor is under a legal disability if the creditor is:(1)  younger than 18 years of age, regardless of whether the person is married;  or(2)  of unsound mind.|Amended by Acts 1987, 70th Leg., ch. 1004, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 570, Sec. 12, eff. Sept. 1, 1993.|
TX Bus & Com Code § 24.011 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 3 - Insolvency, Fraudulent Transfers, and Fraud|Chapter 24 - Uniform Fraudulent Transfer Act|Section 24.011. Supplementary Provisions

Sec. 24.011.  SUPPLEMENTARY PROVISIONS.  Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.|Amended by Acts 1987, 70th Leg., ch. 1004, Sec. 1, eff. Sept. 1, 1987.|
TX Bus & Com Code § 24.012 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 3 - Insolvency, Fraudulent Transfers, and Fraud|Chapter 24 - Uniform Fraudulent Transfer Act|Section 24.012. Uniformity of Application and Construction

Sec. 24.012.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.|Amended by Acts 1987, 70th Leg., ch. 1004, Sec. 1, eff. Sept. 1, 1987.|
TX Bus & Com Code § 24.013 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 3 - Insolvency, Fraudulent Transfers, and Fraud|Chapter 24 - Uniform Fraudulent Transfer Act|Section 24.013. Costs

Sec. 24.013.  COSTS.  In any proceeding under this chapter, the court may award costs and reasonable attorney's fees as are equitable and just.|Added by Acts 2003, 78th Leg., ch. 420, Sec. 1, eff. Sept. 1, 2003.|
TX Bus & Com Code § 26.01 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 3 - Insolvency, Fraudulent Transfers, and Fraud|Chapter 26 - Statute of Frauds|Section 26.01. Promise or Agreement Must Be in Writing

Sec. 26.01.  PROMISE OR AGREEMENT MUST BE IN WRITING.  (a)  A promise or agreement described in Subsection (b) of this section is not enforceable unless the promise or agreement, or a memorandum of it, is(1)  in writing;  and(2)  signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him.(b)  Subsection (a) of this section applies to:(1)  a promise by an executor or administrator to answer out of his own estate for any debt or damage due from his testator or intestate;(2)  a promise by one person to answer for the debt, default, or miscarriage of another person;(3)  an agreement made on consideration of marriage or on consideration of nonmarital conjugal cohabitation;(4)  a contract for the sale of real estate;(5)  a lease of real estate for a term longer than one year;(6)  an agreement which is not to be performed within one year from the date of making the agreement;(7)  a promise or agreement to pay a commission for the sale or purchase of:(A)  an oil or gas mining lease;(B)  an oil or gas royalty;(C)  minerals;  or(D)  a mineral interest;  and(8)  an agreement, promise, contract, or warranty of cure relating to medical care or results thereof made by a physician or health care provider as defined in Section 74.001, Civil Practice and Remedies Code.  This section shall not apply to pharmacists.|Acts 1967, 60th Leg., vol. 2, p. 2343, ch. 785, Sec. 1.  Amended by Acts 1977, 65th Leg., p. 2053, ch. 817, Sec. 21.01, eff. Aug. 29, 1977;  Acts 1987, 70th Leg., ch. 551, Sec. 1, eff. Aug. 31, 1987.Amended by: Acts 2005, 79th Leg., Ch. 187 (H.B. 735), Sec. 1, eff. September 1, 2005.|
TX Bus & Com Code § 27.01 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 3 - Insolvency, Fraudulent Transfers, and Fraud|Chapter 27 - Fraud|Section 27.01. Fraud in Real Estate and Stock Transactions

Sec. 27.01.  FRAUD IN REAL ESTATE AND STOCK TRANSACTIONS.  (a)  Fraud in a transaction involving real estate or stock in a corporation or joint stock company consists of a(1)  false representation of a past or existing material fact, when the false representation is(A)  made to a person for the purpose of inducing that person to enter into a contract;  and(B)  relied on by that person in entering into that contract;  or(2)  false promise to do an act, when the false promise is(A)  material;(B)  made with the intention of not fulfilling it;(C)  made to a person for the purpose of inducing that person to enter into a contract;  and(D)  relied on by that person in entering into that contract.(b)  A person who makes a false representation or false promise commits the fraud described in Subsection (a) of this section and is liable to the person defrauded for actual damages.(c)  A person who makes a false representation or false promise with actual awareness of the falsity thereof commits the fraud described in Subsection (a) of this section and is liable to the person defrauded for exemplary damages.  Actual awareness may be inferred where objective manifestations indicate that a person acted with actual awareness.(d)  A person who (1) has actual awareness of the falsity of a representation or promise made by another person and (2) fails to disclose the falsity of the representation or promise to the person defrauded, and (3) benefits from the false representation or promise commits the fraud described in Subsection (a) of this section and is liable to the person defrauded for exemplary damages.  Actual awareness may be inferred where objective manifestations indicate that a person acted with actual awareness.(e)  Any person who violates the provisions of this section shall be liable to the person defrauded for reasonable and necessary attorney's fees, expert witness fees, costs for copies of depositions, and costs of court.|Acts 1967, 60th Leg., vol. 2, p. 2343, ch. 785, Sec. 1.  Amended by Acts 1983, 68th Leg., p. 5208, ch. 949, Sec. 1, 2, eff. Sept. 1, 1983.|
TX Bus & Com Code § 27.015 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 3 - Insolvency, Fraudulent Transfers, and Fraud|Chapter 27 - Fraud|Section 27.015. Deceptive Trade Practice; Public Remedy

Sec. 27.015.  DECEPTIVE TRADE PRACTICE; PUBLIC REMEDY.  (a)  In this section, "consumer protection division" has the meaning assigned by Section 17.45.(b)  A violation of Section 27.01 that relates to the transfer of title to real estate is a false, misleading, or deceptive act or practice as defined by Section 17.46(b), and any public remedy under Subchapter E, Chapter 17, is available for a violation of that section.(c)  It is the duty of city attorneys to lend the consumer protection division any reasonable assistance requested in the commencement and prosecution of actions under this section. (d)  To the same extent and in the same manner a district or county attorney may institute or prosecute an action under this section, a city attorney may institute or prosecute an action under this section.(e)  If a district, county, or city attorney brings an action under this section, 75 percent of any penalty recovered shall be deposited in the general fund of the county or municipality in which the violation occurred.(f)  This section does not apply to an action to recover damages that is subject to Chapter 27, Property Code.|Added by Acts 2015, 84th Leg., R.S., Ch. 1083 (H.B. 2590), Sec. 1, eff. September 1, 2015.|
TX Bus & Com Code § 27.02 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 3 - Insolvency, Fraudulent Transfers, and Fraud|Chapter 27 - Fraud|Section 27.02. Goods or Services Paid for by Insurance Proceeds: Payment of Deductible Required

Sec. 27.02.  GOODS OR SERVICES PAID FOR BY INSURANCE PROCEEDS: PAYMENT OF DEDUCTIBLE REQUIRED.  (a)  In this section, "property insurance policy" has the meaning assigned by Section 707.001, Insurance Code.(b)  A contract to provide a good or service that is reasonably expected to be paid wholly or partly from the proceeds of a claim under a property insurance policy and that has a contract price of $1,000 or more must contain the following notice in at least 12-point boldfaced type:  "Texas law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy.  It is a violation of Texas law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person's failure to pay, the applicable insurance deductible."(c)  A person who sells goods or services commits an offense if the person:(1)  advertises or promises to provide a good or service to an insured under a property insurance policy in a transaction in which:(A)  the good or service will be paid for by the insured from the proceeds of a property insurance claim; and(B)  the person selling the good or service will, without the insurer's consent:(i)  pay, waive, absorb, or otherwise decline to charge or collect the amount of the insured's deductible;(ii)  provide a rebate or credit in connection with the sale of the good or service that will offset all or part of the amount paid by the insured as a deductible; or(iii)  in any other manner assist the insured in avoiding monetary payment of the required insurance deductible; or(2)  provides a good or service to an insured under a property insurance policy knowing that the insured will pay for the good or service with the proceeds of a claim under the policy and, without the insurer's consent:(A)  pays, waives, absorbs, or otherwise declines to charge or collect the amount of the insured's deductible;(B)  provides a rebate or credit in connection with the sale of the good or service that offsets all or part of the amount paid by the insured as a deductible; or(C)  in any other manner assists the insured in avoiding monetary payment of the required insurance deductible.(d)  An offense under this section is a Class B misdemeanor.|Added by Acts 1989, 71st Leg., ch. 898, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1099 (H.B. 2102), Sec. 2, eff. September 1, 2019.|
TX Bus & Com Code § 53.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 53 - Store Leases|Section 53.001. Store Lease Contract

Sec. 53.001.  STORE LEASE CONTRACT.  (a)  A provision of a lease contract that requires a store to be open when another store located in the same shopping center is open does not apply on Sunday unless the provision specifically states that it applies on Sunday.(b)  This section applies to a contract executed before or after September 1, 1985.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 54.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 54 - Compensation Agreements for Sales Representatives|Section 54.001. Definitions

Sec. 54.001.  DEFINITIONS.  In this chapter:(1)  "Commission" means compensation paid a sales representative by a principal in an amount based on a percentage of the dollar amount of certain orders for or sales of the principal's product.(2)  "Principal" means a person who:(A)  manufactures, produces, imports, or distributes a product for sale;(B)  uses a sales representative to solicit orders for the product; and(C)  compensates the sales representative wholly or partly by commission.(3)  "Sales representative" means an independent contractor who solicits, on behalf of a principal, orders for the purchase at wholesale of the principal's product.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 54.002 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 54 - Compensation Agreements for Sales Representatives|Section 54.002. Contract

Sec. 54.002.  CONTRACT.  (a)  A contract between a principal and a sales representative under which the sales representative is to solicit wholesale orders within this state must:(1)  be in writing or in a computer-based medium; and(2)  state the method by which the sales representative's commission is to be computed and paid.(b)  The principal shall provide the sales representative with a copy of the contract.(c)  A provision in the contract establishing venue for an action arising under the contract in a state other than this state is void.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 54.003 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 54 - Compensation Agreements for Sales Representatives|Section 54.003. Payment on Termination of Certain Compensation Agreements

Sec. 54.003.  PAYMENT ON TERMINATION OF CERTAIN COMPENSATION AGREEMENTS.  If a compensation agreement between a sales representative and a principal that does not comply with Section 54.002 is terminated, the principal shall pay all commissions due the sales representative not later than the 30th working day after the date of the termination.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 54.004 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 54 - Compensation Agreements for Sales Representatives|Section 54.004. Damages

Sec. 54.004.  DAMAGES.  A principal who fails to comply with a provision of a contract under Section 54.002 relating to payment of a commission or who fails to pay a commission as required by Section 54.003 is liable to the sales representative in a civil action for:(1)  three times the unpaid commission due the sales representative; and(2)  reasonable attorney's fees and costs.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 54.005 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 54 - Compensation Agreements for Sales Representatives|Section 54.005. Personal Jurisdiction

Sec. 54.005.  PERSONAL JURISDICTION.  A principal who is not a resident of this state and who enters into a contract subject to this chapter is considered to be transacting business in this state for purposes of the exercise of personal jurisdiction over the principal.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 54.006 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 54 - Compensation Agreements for Sales Representatives|Section 54.006. Waiver

Sec. 54.006.  WAIVER.  A provision of this chapter may not be waived, whether by an express waiver or by an attempt to make a contract or agreement subject to the laws of another state.  A waiver of a provision of this chapter is void.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 58.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 58 - Disaster Remediation Contracts|Section 58.001. Definitions

Sec. 58.001.  DEFINITIONS.  In this chapter:(1)  "Disaster remediation"  means the removal, cleaning, sanitizing, demolition, reconstruction, or other treatment of  improvements to real property performed because of damage or destruction to that property caused by a natural disaster.(2)  "Disaster remediation contractor" means a person who engages in disaster remediation for compensation, other than a person who has a permit, license, registration, or other authorization from the Texas Commission on Environmental Quality for the collection, transportation, treatment, storage, processing, or disposal of solid waste.(3)  "Natural disaster" means the occurrence of widespread or severe damage, injury, or loss of life or property related to  any natural cause, including fire, flood, earthquake, wind, storm, or wave action, that results in a disaster declaration by the governor or a local disaster declaration by a county judge under Chapter 418, Government Code.(4)  "Person" means an individual, corporation, trust, partnership, association, or other private legal entity.|Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011.Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 270 (H.B. 762), Sec. 1, eff. September 1, 2013.|
TX Bus & Com Code § 58.002 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 4 - Business Opportunities and Agreements|Chapter 58 - Disaster Remediation Contracts|Section 58.002. Applicability of Chapter

Sec. 58.002.  APPLICABILITY OF CHAPTER.  (a) Except as provided by Subsection (b), this chapter applies to a contract between a person and a disaster remediation contractor for the performance of disaster remediation services on property owned or leased by the person.(b)  This chapter does not apply to a contract between a person and a disaster remediation contractor for the performance of disaster remediation services on property owned or leased by the person if the contractor maintains for at least one year preceding the date of the contract a physical business address in:(1)  the county in which the property is located; or(2)  a county adjacent to the county in which the property is located.|Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011.Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013.|