reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 16.105 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 16 - Trademarks|Subchapter C. Enforcement|Section 16.105. Olympic Symbols

Sec. 16.105.  OLYMPIC SYMBOLS.  (a)  Without the permission of the United States Olympic Committee, a person may not, for the purpose of trade, to induce the sale of goods or services, or to promote a theatrical exhibition, athletic performance, or competition, use:(1)  the symbol of the International Olympic Committee, consisting of five interlocking rings;(2)  the emblem of the United States Olympic Committee, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with five interlocking rings displayed on the chief;(3)  a trademark, trade name, sign, symbol, or insignia falsely representing association with or authorization by the International Olympic Committee or the United States Olympic Committee;  or(4)  the words "Olympic," "Olympiad," or "Citius Altius Fortius" or a combination or simulation of those words that tends to cause confusion or mistake, to deceive, or to suggest falsely a connection with the United States Olympic Committee or an Olympic activity.(b)  On violation of Subsection (a), the United States Olympic Committee is entitled to the remedies available to a registrant on infringement of a mark registered under this chapter.|Added by Acts 1997, 75th Leg., ch. 248, Sec. 2, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.|
TX Bus & Com Code § 16.106 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 16 - Trademarks|Subchapter C. Enforcement|Section 16.106. Forum for Actions Regarding Registration; Service on Out-of-State Registrants

Sec. 16.106.  FORUM FOR ACTIONS REGARDING REGISTRATION; SERVICE ON OUT-OF-STATE REGISTRANTS.  (a)  An action to require cancellation of a mark registered under this chapter or in mandamus to compel registration of a mark under this chapter shall be brought in a district court of Travis County.  In an action to compel registration of a mark, the proceeding must be based solely on the record before the secretary of state.(b)  In an action for cancellation, the secretary of state may not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which the action is filed and shall be given the right to intervene in the action.(c)  In an action brought against a nonresident registrant, service may be made on the secretary of state as agent for service of process of the registrant in accordance with the procedures established for service on foreign corporations and business entities under the Business Organizations Code.|Added by Acts 1997, 75th Leg., ch. 248, Sec. 2, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.|
TX Bus & Com Code § 16.107 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 16 - Trademarks|Subchapter C. Enforcement|Section 16.107. Common Law Rights Not Affected

Sec. 16.107.  COMMON LAW RIGHTS NOT AFFECTED.  No registration under this chapter adversely affects common law rights acquired prior to registration under this chapter.  However, during any period when the registration of a mark under this chapter is in force and the registrant has not abandoned the mark, no common law rights as against the registrant of the mark may be acquired.|Added by Acts 1997, 75th Leg., ch. 248, Sec. 2, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.|
TX Bus & Com Code § 17.01 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter A. General Provisions|Section 17.01. Definitions

Sec. 17.01.  DEFINITIONS.  In this chapter, unless the context requires a different definition,(1)  "container" includes bale, barrel, bottle, box, cask, keg, and package;  and(2)  "proprietary mark" includes word, name, symbol, device, and any combination of them in any form or arrangement, used by a person to identify his tangible personal property and distinguish it from the tangible personal property of another.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 17.11 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter B. Deceptive Advertising, Packing, Selling, and Exporting|Section 17.11. Deceptive Wholesale and Going-Out-of-Business Advertising

Sec. 17.11.  DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING.  (a)  In Subsection (b) of this section, unless the context requires a different definition, "wholesaler" means a person who sells for the purpose of resale and not directly to a consuming purchaser.(b)  No person may wilfully misrepresent the nature of his business by using in selling or advertising the word manufacturer, wholesaler, retailer, or other word of similar meaning.(c)  No person may wilfully misrepresent the ownership of a business for the purpose of holding a liquidation sale, auction sale, or other sale which represents that the business is going out of business.  A person who advertises a liquidation sale, auction sale, or going-out-of-business sale shall state the correct name and permanent address of the owner of the business in the advertising.(d)  A person who violates a provision of Subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $500.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 17.12 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter B. Deceptive Advertising, Packing, Selling, and Exporting|Section 17.12. Deceptive Advertising

Sec. 17.12.  DECEPTIVE ADVERTISING.  (a)  No person may disseminate a statement he knows materially misrepresents the cost or character of tangible personal property, a security, service, or anything he may offer for the purpose of(1)  selling, contracting to sell, otherwise disposing of, or contracting to dispose of the tangible personal property, security, service, or anything he may offer;  or(2)  inducing a person to contract with regard to the tangible personal property, security, service, or anything he may offer.(b)  No person may solicit advertising in the name of a club, association, or organization without the written permission of such club, association, or organization or distribute any publication purporting to represent officially a club, association, or organization without the written authority of or a contract with such club, association, or organization and without listing in such publication the complete name and address of the club, association, or organization endorsing it.(c)  A person's proprietary mark appearing on or in a statement described in Subsection (a) of this section is prima facie evidence that the person disseminated the statement.(d)  A person who violates a provision of Subsection (a) or (b) of this Section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $200.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.  Amended by Acts 1969, 61st Leg., p. 2045, ch. 701, Sec. 1, eff. June 12, 1969.|
TX Bus & Com Code § 17.29 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter D. Counterfeiting or Changing a Required Mark; Misuse of Container Bearing Mark|Section 17.29. Misusing Container; Evidence of Misuse and Container's Ownership

Sec. 17.29.  MISUSING CONTAINER;  EVIDENCE OF MISUSE AND CONTAINER'S OWNERSHIP.  (a)  In this section, unless the context requires a different definition, "container" also includes drink-dispensing fountain.(b)  Unless the owner of a reusable container bearing a proprietary mark (or one acting with the owner's written permission) agrees, no person may(1)  fill the container for sale or other commercial purpose;(2)  deface, cover up, or remove the proprietary mark from the container;  or(3)  refuse to return the container to the owner if he requests its return.(c)  A person's wilful(1)  possession of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section;(2)  use, purchase, sale, or other disposition of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section;  and(3)  breaking, damaging, or destroying a full or empty reusable container is prima facie evidence of his violating a provision of Subsection (b) of this section.(d)  In an action in which the ownership of a reusable container is in issue, a person's proprietary mark on the container is prima facie evidence that the person or his licensee owns the container.(e)  A person who violates a provision of Subsection (b) of this section is guilty of a misdemeanor and upon conviction is punishable by(1)  a fine of not less than $25 nor more than $50 for each violation concerning a drink-dispensing fountain;  or(2)  a fine of not less than $5 nor more than $10 for each violation concerning any other container.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 17.30 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 2 - Competition and Trade Practices|Chapter 17 - Deceptive Trade Practices|Subchapter D. Counterfeiting or Changing a Required Mark; Misuse of Container Bearing Mark|Section 17.30. Misusing Dairy Container Bearing Proprietary Mark

Sec. 17.30.  MISUSING DAIRY CONTAINER BEARING PROPRIETARY MARK.  (a)  In this section, unless the context requires a different definition, "dairy container" includes butter box, ice cream can, ice cream tub, milk bottle, milk bottle case, milk can, and milk jar.(b)  Without the owner's consent, no person may(1)  fill with milk, cream, butter, or ice cream;  damage;  mutilate;  or destroy a dairy container bearing the owner's commonly used proprietary mark;  or(2)  wilfully refuse to return on request to the owner a dairy container bearing his commonly used proprietary mark.(c)  Without the owner's written consent, no person may(1)  deface or remove an owner's proprietary mark from a dairy container;  or(2)  substitute on a dairy container his proprietary mark for that of the owner.(d)  A person's commonly used proprietary mark on a dairy container is prima facie evidence of that person's ownership of the container.(e)  A person who violates a provision of Subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $100.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 17.41 (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 17.41. Short Title

Sec. 17.41.  SHORT TITLE.  This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.|
TX Bus & Com Code § 17.42 (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 17.42. Waivers: Public Policy

Sec. 17.42.  WAIVERS:  PUBLIC POLICY.  (a)  Any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void;  provided, however, that a waiver is valid and enforceable if:(1)  the waiver is in writing and is signed by the consumer;(2)  the consumer is not in a significantly disparate bargaining position;  and(3)  the consumer is represented by legal counsel in seeking or acquiring the goods or services.(b)  A waiver under Subsection (a) is not effective if the consumer's legal counsel was directly or indirectly identified, suggested, or selected by a defendant or an agent of the defendant.(c)  A waiver under this section must be:(1)  conspicuous and in bold-face type of at least 10 points in size;(2)  identified by the heading "Waiver of Consumer Rights," or words of similar meaning;  and(3)  in substantially the following form:"I waive my rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections.  After consultation with an attorney of my own selection, I voluntarily consent to this waiver."(d)  The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter.(e)  The fact that a consumer has signed a waiver under this section is not a defense to an action brought by the attorney general under Section 17.47.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1981, 67th Leg., p. 863, ch. 307, Sec. 1, eff. Aug. 31, 1981;  Acts 1983, 68th Leg., p. 4943, ch. 883, Sec. 1, eff. Aug. 29, 1983;  Acts 1987, 70th Leg., ch. 167, Sec. 5.02(6), eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 380, Sec. 1, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 414, Sec. 1, eff. Sept. 1, 1995.|
TX Bus & Com Code § 17.43 (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 17.43. Cumulative Remedies

Sec. 17.43.  CUMULATIVE REMEDIES.  The provisions of this subchapter are not exclusive.  The remedies provided in this subchapter are in addition to any other procedures or remedies provided for in any other law;  provided, however, that no recovery shall be permitted under both this subchapter and another law of both damages and penalties for the same act or practice.  A violation of a provision of law other than this subchapter is not in and of itself a violation of this subchapter.  An act or practice that is a violation of a provision of law other than this subchapter may be made the basis of an action under this subchapter if the act or practice is proscribed by a provision of this subchapter or is declared by such other law to be actionable under this subchapter.  The provisions of this subchapter do not in any way preclude other political subdivisions of this state from dealing with deceptive trade practices.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1979, 66th Leg., p. 1327, ch. 603, Sec. 1, eff. Aug. 27, 1979;  Acts 1995, 74th Leg., ch. 414, Sec. 1, eff. Sept. 1, 1995.|
TX Bus & Com Code § 17.44 (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 17.44. Construction and Application

Sec. 17.44.  CONSTRUCTION AND APPLICATION.  (a)  This subchapter shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection.(b)  Chapter 27, Property Code, prevails over this subchapter to the extent of any conflict.|Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1995, 74th Leg., ch. 414, Sec. 1, eff. Sept. 1, 1995.|
TX Bus & Com Code § 17.462 (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 17.462. Listing of Business Location of Certain Businesses

Sec. 17.462.  LISTING OF BUSINESS LOCATION OF CERTAIN BUSINESSES.  (a)  A person may not misrepresent the geographical location of a business that derives 50 percent or more of its gross income from the sale or arranging for the sale of flowers or floral arrangements in the listing of the business:(1)  in a telephone directory or other directory assistance database;(2)  on an Internet website; or(3)  in a print advertisement.(b)  A person is considered to misrepresent the geographical location of a business for purposes of Subsection (a) if the name of the business indicates that the business is located in a geographical area and:(1)  the business is not located within the geographical area indicated;(2)  the listing fails to identify the municipality and state of the business's geographical location; and(3)  a telephone call to the local telephone number:(A)  listed in the directory or database routinely is forwarded or transferred to a location that is outside the calling area covered by the directory or database in which the number is listed; or(B)  provided on the Internet website or in a print advertisement routinely is forwarded or transferred to a location that is outside the calling area of the geographical area as indicated by the name of the business.(c)  A person may place a listing for a business described by Subsection (a) the name of which indicates that it is located in a geographical area that is different from the geographical area in which the business is located if a conspicuous notice in the listing states the municipality and state in which the business is located.(d)  This section does not apply to:(1)  a publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business;(2)  an Internet website that aggregates and provides information about other businesses;(3)  an owner or publisher of a print medium providing information about other businesses;(4)  an Internet service provider; or(5)  an Internet service that displays or distributes advertisements for other businesses.(e)  This section creates no duty and imposes no obligation upon anyone other than the business that is the subject of the advertisement or listing.(f)  A violation of this section is a false, misleading, or deceptive act or practice under this subchapter, and any public or private right or remedy prescribed by this subchapter may be used to enforce this section.|Added by Acts 2003, 78th Leg., ch. 138, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 489 (H.B. 989), Sec. 1, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 489 (H.B. 989), Sec. 2, eff. September 1, 2011.|
TX Bus & Com Code § 17.4625 (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 17.4625. Price Gouging During Declared Disaster

Sec. 17.4625.  PRICE GOUGING DURING DECLARED DISASTER.  (a)  In this section, "designated disaster period" means the period:(1)  beginning on the earliest of:(A)  the date the disaster occurs; or(B)  the date of:(i)  the proclamation or executive order of the governor declaring the disaster; or(ii)  the declaration of the disaster by the president of the United States, if any part of this state is named in the federally declared disaster area; and(2)  ending on the 30th day after the date the disaster declaration expires or is terminated.(b)  Notwithstanding any other provision of this subchapter, Section 17.46(b)(27) applies only to an act described by that subdivision that occurs during a designated disaster period in this state.|Added by Acts 2019, 86th Leg., R.S., Ch. 759 (H.B. 1152), Sec. 3, eff. September 1, 2019.|
TX Bus & Com Code § 17.463 (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 17.463. Production, Sale, Distribution, or Promotion of Certain Synthetic Substances

Sec. 17.463.  PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN SYNTHETIC SUBSTANCES.  (a)  This section applies only to an act described by Section 17.46(b)(31).(b)  Subject to Subsection (e) and except as otherwise provided by this section, an act to which this section applies is subject to action by a district or county attorney under Sections 17.47, 17.58, 17.60, and 17.61 to the same extent as the act is subject to action by the consumer protection division under those sections.(c)  If a district or county attorney, under the authority of this section, accepts assurance of voluntary compliance under Section 17.58, the district or county attorney must file the assurance of voluntary compliance in the district court in the county in which the alleged violator resides or does business.(d)  If a district or county attorney, under the authority of this section, executes and serves a civil investigative demand and files a petition described by Section 17.61(g), the petition must be filed in the district court in the county where the parties reside.(e)  A district or county attorney may act under this section so long as the consumer protection division does not intend to act with respect to that matter.  Further, consistent with Section 17.48(b) of this subchapter, the consumer protection division shall, upon request and to the extent it has the resources available, provide assistance to a district or county attorney in any action taken under this subchapter.  A district or county attorney may institute a suit described by this section on or after the 90th day after the date the attorney general receives the notice required by Section 17.48 unless before the 90th day after the date the notice is received the attorney general responds that it is actively investigating or litigating at least one of the alleged violations set forth in the notice.  The consumer protection division shall notify the district or county attorney it no longer intends to actively investigate or litigate an alleged violation within a reasonable time of such determination.(f)  Notwithstanding any other law, in an action brought by a district or county attorney under this section, all settlements or penalties collected by the district or county attorney shall be divided between the state and the county in which the attorney brought suit, with:(1)  50 percent of the amount collected paid to the comptroller for deposit to the credit of the basic civil legal services account established by Section 51.943, Government Code; and(2)  50 percent of the amount collected paid to the county shall be deposited by the county in a segregated account and the funds shall be used only for law enforcement, public health programs, or drug abuse prevention programs.|Added by Acts 2017, 85th Leg., R.S., Ch. 861 (H.B. 2612), Sec. 2, eff. September 1, 2017.|