reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter D. Prohibited Acts and Conduct by Merchant › Section 601.154. Failure to Take Certain Actions Following Receipt of Notice of Cancellation

Sec. 601.154.  FAILURE TO TAKE CERTAIN ACTIONS FOLLOWING RECEIPT OF NOTICE OF CANCELLATION.  A merchant may not:
(1)  fail to notify the consumer before the end of the 10th business day after the date the merchant receives the notice of cancellation whether the merchant intends to repossess or abandon any shipped or delivered goods;
(2)  fail or refuse to honor a valid cancellation under this chapter by a consumer; or
(3)  fail before the end of the 10th business day after the date the merchant receives a valid notice of cancellation to:
(A)  refund all payments made under the contract or sale;
(B)  return any goods or property traded in to the merchant in substantially the same condition as when received by the merchant;
(C)  cancel and return a negotiable instrument executed by the consumer in connection with the contract of sale;
(D)  take any action appropriate to terminate promptly any security interest created in the transaction; or
(E)  restore improvements on real property to the same condition as when the merchant took title to or possession of the real property unless the consumer requests otherwise.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter E. Enforcement › Section 601.201. Certain Sales or Contracts Void

Sec. 601.201.  CERTAIN SALES OR CONTRACTS VOID.  A sale or contract entered into under a consumer transaction in violation of Section 601.053(b) or Subchapter D is void.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter E. Enforcement › Section 601.202. Liability for Damages

Sec. 601.202.  LIABILITY FOR DAMAGES.  A merchant who violates this chapter is liable to the consumer for:
(1)  actual damages suffered by the consumer as a result of the violation;
(2)  reasonable attorney's fees; and
(3)  court costs.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter E. Enforcement › Section 601.203. Alternative Recovery Under Certain Circumstances

Sec. 601.203.  ALTERNATIVE RECOVERY UNDER CERTAIN CIRCUMSTANCES.  If the merchant fails to tender goods or property traded to the merchant in substantially the same condition as when received by the merchant, the consumer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter E. Enforcement › Section 601.204. Deceptive Trade Practice

Sec. 601.204.  DECEPTIVE TRADE PRACTICE.  A violation of this chapter is a false, misleading, or deceptive act or practice as defined by Section 17.46(b).  In addition to any remedy under this chapter, a remedy under Subchapter E, Chapter 17, is also available for a violation of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter E. Enforcement › Section 601.205. Injunction

Sec. 601.205.  INJUNCTION.  If the attorney general believes that a person is violating or about to violate this chapter, the attorney general may bring an action in the name of the state to restrain or enjoin the person from violating this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 602 - Delivery of Unsolicited Goods › Section 602.001. Inapplicability of Chapter to Substituted Goods

Sec. 602.001.  INAPPLICABILITY OF CHAPTER TO SUBSTITUTED GOODS.  This chapter does not apply to goods substituted for goods ordered or solicited by the recipient of the goods.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 602 - Delivery of Unsolicited Goods › Section 602.002. Actions Authorized on Delivery of Unsolicited Goods

Sec. 602.002.  ACTIONS AUTHORIZED ON DELIVERY OF UNSOLICITED GOODS.  Unless otherwise agreed, a person to whom unsolicited goods are delivered:
(1)  is entitled to refuse to accept delivery of the goods;  and
(2)  is not required to return the goods to the sender.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 602 - Delivery of Unsolicited Goods › Section 602.003. Certain Unsolicited Goods Considered Gift

Sec. 602.003.  CERTAIN UNSOLICITED GOODS CONSIDERED GIFT.  (a)  Unsolicited goods that are addressed to or intended for the recipient are considered a gift to the recipient.
(b)  The recipient may use or dispose of goods described by Subsection (a) in any manner without obligation to the sender.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 602 - Delivery of Unsolicited Goods › Section 602.004. Mistaken Delivery

Sec. 602.004.  MISTAKEN DELIVERY. A person who receives unsolicited goods as the result of a bona fide mistake shall return the goods.  The sender has the burden of proof as to the mistake.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 603 - Regulation of Consumer Contracts Created by Acceptance of Check or Other Draft › Subchapter A. General Provisions › Section 603.001. Definitions

Sec. 603.001.  DEFINITIONS.  Unless the context requires a different definition, the definitions provided by Chapter 3 apply to this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 603 - Regulation of Consumer Contracts Created by Acceptance of Check or Other Draft › Subchapter A. General Provisions › Section 603.002. Applicability of Chapter

Sec. 603.002.  APPLICABILITY OF CHAPTER.  (a)  Except as provided by Subsection (b), this chapter applies only to a person who solicits business in this state by mailing an individual a check or other draft payable to that individual.
(b)  This chapter does not apply to a financial institution as defined by Section 201.101, Finance Code, or an authorized lender as defined by Section 341.001 of that code, that sends a check or other draft to an existing or prospective account holder authorizing that person to access an extension of credit.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 603 - Regulation of Consumer Contracts Created by Acceptance of Check or Other Draft › Subchapter B. Required Disclosures and Notices › Section 603.051. Required Disclosure on Check or Other Draft

Sec. 603.051.  REQUIRED DISCLOSURE ON CHECK OR OTHER DRAFT.  (a)  A person who makes an offer that the recipient may accept by endorsing and negotiating a check or other draft shall disclose on the check or other draft that by signing and negotiating the instrument, the depositor agrees to pay for future goods or services as a result of the contract.
(b)  The disclosure required by Subsection (a) must be clear, conspicuous, and located on the check or other draft next to the place for endorsement.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 603 - Regulation of Consumer Contracts Created by Acceptance of Check or Other Draft › Subchapter B. Required Disclosures and Notices › Section 603.052. Required Notice of Right to Terminate Acceptance of Offer

Sec. 603.052.  REQUIRED NOTICE OF RIGHT TO TERMINATE ACCEPTANCE OF OFFER.  (a)  If an offer described by Section 603.051 includes a free membership period, trial period, or other incentive with a time limit, and if the offer results in a contract unless the recipient terminates the acceptance of the offer not later than the end of the time period, the offeror shall send notice to the recipient, at least two weeks before debiting any account, of the recipient's obligation to terminate the recipient's acceptance of the offer.
(b)  The notice required by Subsection (a) must be clear and conspicuous.  If the offeror bills the recipient by mailing an invoice, the notice may be included with the invoice.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 603 - Regulation of Consumer Contracts Created by Acceptance of Check or Other Draft › Subchapter B. Required Disclosures and Notices › Section 603.053. Effect of Noncompliance

Sec. 603.053.  EFFECT OF NONCOMPLIANCE.  (a)  An offer described by Section 603.051 is void if the offeror:
(1)  does not make the disclosure required by that section;
(2)  does not send notice as required by Section 603.052, if applicable; or
(3)  provides an incentive with a time limit, including a free membership period or trial period, that is less than two weeks in length.
(b)  A delivery of goods or services to the recipient does not operate to form a contract between the offeror and the recipient if:
(1)  the offer does not contain the disclosure required by Section 603.051;
(2)  the offer is not followed by a notice required by Section 603.052, if applicable; or
(3)  the offeror fails to honor the recipient's cancellation or termination of the acceptance of the offer made under the terms of the offer or as required by Section 603.052.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 603 - Regulation of Consumer Contracts Created by Acceptance of Check or Other Draft › Subchapter C. Enforcement › Section 603.101. Deceptive Trade Practice

Sec. 603.101.  DECEPTIVE TRADE PRACTICE.  A violation of this chapter is a deceptive trade practice in addition to the practices described by Subchapter E, Chapter 17, and is actionable under that subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604 - Sale or Issuance of Stored Value Card › Subchapter A. General Provisions › Section 604.001. Definition of Stored Value Card

Sec. 604.001.  DEFINITION OF STORED VALUE CARD.  In this chapter, "stored value card":
(1)  means a record, as defined by Section 322.002, including a record that contains a microprocessor chip, magnetic strip, or other means of storing information:
(A)  that evidences a promise made for monetary consideration by the seller or issuer of the record that goods or services will be provided to the owner of the record in the value shown in the record;
(B)  that is prefunded; and
(C)  the value of which is reduced on redemption; and
(2)  includes a gift card or gift certificate.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604 - Sale or Issuance of Stored Value Card › Subchapter A. General Provisions › Section 604.002. Inapplicability of Chapter

Sec. 604.002.  INAPPLICABILITY OF CHAPTER.  This chapter does not apply to a stored value card that:
(1)  is issued by:
(A)  a financial institution acting as a financial agent of the United States or this state;
(B)  a federally insured financial institution, as defined by Section 201.101, Finance Code, if the financial institution is primarily liable for the card as the issuing principal; or
(C)  an air carrier holding a certificate of public convenience and necessity under Title 49, United States Code;
(2)  is issued as a prepaid calling card by a prepaid calling card company regulated under Section 55.253, Utilities Code;
(3)  is distributed by the issuer to a person under an awards, rewards, loyalty, incentive, rebate, or promotional program and is not issued or reloaded in exchange for money tendered by the cardholder;
(4)  is sold below face value or donated to:
(A)  an employee of the seller or issuer;
(B)  a nonprofit or charitable organization; or
(C)  an educational institution for fund-raising purposes; or
(5)  does not expire and for which the seller does not charge a fee other than a fee described in Section 604.051.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604 - Sale or Issuance of Stored Value Card › Subchapter A. General Provisions › Section 604.003. Cause of Action Not Created

Sec. 604.003.  CAUSE OF ACTION NOT CREATED.  This chapter does not create a cause of action against a person who issues or sells a stored value card.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604 - Sale or Issuance of Stored Value Card › Subchapter B. Permissible Fees › Section 604.051. Fees and Charges Related to Issuance and Handling of Card

Sec. 604.051.  FEES AND CHARGES RELATED TO ISSUANCE AND HANDLING OF CARD.  If disclosed as required by Subchapter C, the issuer of a stored value card may impose and collect a reasonable:
(1)  handling fee in connection with the issuance of or adding of value to the card;
(2)  access fee for a card transaction conducted at an unmanned teller machine, as defined by Section 59.301, Finance Code; and
(3)  reissue or replacement charge if an expired or lost card is reissued or replaced.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604 - Sale or Issuance of Stored Value Card › Subchapter B. Permissible Fees › Section 604.052. Fees or Charges That Decrease Unredeemed Balance of Card

Sec. 604.052.  FEES OR CHARGES THAT DECREASE UNREDEEMED BALANCE OF CARD.  The issuer of a stored value card may impose or collect a periodic fee or other charge that causes the unredeemed balance of the card to decrease over time only if the fee:
(1)  is reasonable;
(2)  is not assessed until after the first anniversary of the date the card is sold or issued; and
(3)  is disclosed as required by Subchapter C.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604 - Sale or Issuance of Stored Value Card › Subchapter C. Required Disclosures › Section 604.101. Required Disclosure of Certain Matters Applicable to Card

Sec. 604.101.  REQUIRED DISCLOSURE OF CERTAIN MATTERS APPLICABLE TO CARD.  An expiration date or policy, fee, or other material restriction or contract term applicable to a stored value card must be clearly and conspicuously disclosed at the time the card is sold or issued to a person to enable the person to make an informed decision before purchasing the card.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604 - Sale or Issuance of Stored Value Card › Subchapter C. Required Disclosures › Section 604.102. Required Printing of Certain Disclosures

Sec. 604.102.  REQUIRED PRINTING OF CERTAIN DISCLOSURES.  In addition to the disclosure required under Section 604.101, a disclosure regarding the expiration of a stored value card or a periodic fee that reduces the unredeemed value of a stored value card must be legibly printed on the card.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604 - Sale or Issuance of Stored Value Card › Subchapter C. Required Disclosures › Section 604.103. Validity of Card Sold Without Required Disclosures

Sec. 604.103.  VALIDITY OF CARD SOLD WITHOUT REQUIRED DISCLOSURES.  A stored value card sold without the disclosure required by this subchapter of an expiration date or policy, fee, or other material restriction or contract term applicable to the card is valid until redeemed or replaced.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604 - Sale or Issuance of Stored Value Card › Subchapter D. Redemption of Certain Low-Value Cards › Section 604.151. Applicability of Subchapter

Sec. 604.151.  APPLICABILITY OF SUBCHAPTER.  (a)  This subchapter does not apply to a stored value card:
(1)  described by Sections 604.002(1)-(3);
(2)  issued as a refund for merchandise returned without a receipt; or
(3)  that has an initial value of $5 or less and to which additional value cannot be added.
(b)  Except as otherwise provided by Subsection (a), Section 604.002 does not apply to this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 655 (H.B. 2391), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604 - Sale or Issuance of Stored Value Card › Subchapter D. Redemption of Certain Low-Value Cards › Section 604.152. Cash Refund for Low-Value Card

Sec. 604.152.  CASH REFUND FOR LOW-VALUE CARD.  If a stored value card is redeemed in person to make a purchase and a balance of less than $2.50 remains following the redemption, at the consumer's request the seller shall refund the balance of the card in cash to the consumer.
Added by Acts 2015, 84th Leg., R.S., Ch. 655 (H.B. 2391), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604A - Prohibition of Certain Surcharges › Section 604A.001. Definitions

Sec. 604A.001.  DEFINITIONS.  In this chapter:
(1)  "Cardholder" means the person named on the face of a debit or stored value card to whom or for whose benefit the card is issued.
(1-a)  "Credit card" has the meaning assigned by Section 502.001.
(2)  "Debit card" has the meaning assigned by Section 502.001.
(3)  "Merchant" means a person in the business of selling or leasing goods or services.
(4)  "Stored value card" has the meaning assigned by Section 604.001(1), but does not include the meaning assigned by Section 604.001(2).
(5)  "Surcharge" means an increase in the price charged for goods or services imposed on a buyer who pays with a credit, debit, or stored value card that is not imposed on a buyer who pays by other means.  The term does not include a discounted price charged for goods or services to a buyer who pays with cash.
Transferred, redesignated and amended from Finance Code, Subchapter E, Chapter 59 by Acts 2015, 84th Leg., R.S., Ch. 113 (S.B. 641), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 196 (S.B. 560), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604A - Prohibition of Certain Surcharges › Section 604A.002. Imposition of Surcharge for Use of Debit or Stored Value Card

Sec. 604A.002.  IMPOSITION OF SURCHARGE FOR USE OF DEBIT OR STORED VALUE CARD.  (a)  In a sale of goods or services, a merchant may not impose a surcharge on a buyer who uses a debit or stored value card instead of cash, a check, credit card, or a similar means of payment.
(b)  This section does not apply to:
(1)  a state agency, county, local governmental entity, or other governmental entity that accepts a debit or stored value card for the payment of fees, taxes, or other charges; or
(2)  a private  school that accepts a debit card for the payment of fees or other charges, as provided by Section 111.002, Business & Commerce Code.
Transferred, redesignated and amended from Finance Code, Subchapter E, Chapter 59 by Acts 2015, 84th Leg., R.S., Ch. 113 (S.B. 641), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 357 (H.B. 1881), Sec. 2, eff. June 9, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604A - Prohibition of Certain Surcharges › Section 604A.0021. Imposition of Surcharge for Use of Credit Card

Sec. 604A.0021.  IMPOSITION OF SURCHARGE FOR USE OF CREDIT CARD.  (a)  In a sale of goods or services, a seller may not impose a surcharge on a buyer who uses a credit card for an extension of credit instead of cash, a check, or a similar means of payment.
(b)  This section does not apply to:
(1)  a state agency, county, local governmental entity, or other governmental entity that accepts a credit card for the payment of fees, taxes, or other charges; or
(2)  a private school that accepts a credit card for the payment of fees or other charges, as provided by Section 111.002.
(c)   This section does not create a cause of action against an individual for violation of this section.
Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.18(a), eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 2.15, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 63 (H.B. 2548), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 357 (H.B. 1881), Sec. 3, eff. June 9, 2015.
Transferred, redesignated and amended from Finance Code, Section 339.001 by Acts 2017, 85th Leg., R.S., Ch. 196 (S.B. 560), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 604A - Prohibition of Certain Surcharges › Section 604A.003. Civil Penalty

Sec. 604A.003.  CIVIL PENALTY.  (a)  A person who knowingly violates Section 604A.002 or 604A.0021 is liable to the state for a civil penalty in an amount not to exceed $500 for each violation.  The attorney general or the prosecuting attorney in the county in which the violation occurs may bring:
(1)  a suit to recover the civil penalty imposed under this section; and
(2)  an action in the name of the state to restrain or enjoin a person from violating this chapter.
(b)  Before bringing the action, the attorney general or prosecuting attorney shall give the person notice of the person's noncompliance and liability for a civil penalty.  The notice must:
(1)  contain guidance to assist the person in complying with this chapter;
(2)  advise the person of the prohibitions under Sections 604A.002 and 604A.0021; and
(3)  state that the person may be liable for a civil penalty for a subsequent violation of Section 604A.002 or 604A.0021.
(b-1)  If the person complies with Sections 604A.002 and 604A.0021 not later than the 30th day after the date of the notice under Subsection (b), the violation is cured and the person is not liable for the civil penalty.  A person who has previously received notice of noncompliance under Subsection (b) is not entitled to notice of or the opportunity to cure a subsequent violation of Section 604A.002 or 604A.0021.
(c)  The attorney general or the prosecuting attorney, as appropriate, is entitled to recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both, under this section, including reasonable attorney's fees, court costs, and investigatory costs.
Transferred, redesignated and amended from Finance Code, Subchapter E, Chapter 59 by Acts 2015, 84th Leg., R.S., Ch. 113 (S.B. 641), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 196 (S.B. 560), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 605 - Consumer Rebate Response and Grace Period for Corrections › Section 605.001. Definitions

Sec. 605.001.  DEFINITIONS.  In this chapter:
(1)  "Consumer" means a person who obtains a product or service that is to be used primarily for personal, business, family, or household purposes.
(2)  "Consumer rebate" means an offer to a consumer of cash, credit, or credit toward future purchases that is made in connection with a sale of a good or service to the consumer, is in an amount of $10 or more, and requires the consumer to mail or electronically submit a rebate request after the sale is completed.  The term does not include:
(A)  any promotion or incentive that is offered by a manufacturer to another company or organization that is not the consumer to help promote or place the product or service;
(B)  a rebate that is redeemed at the time of purchase;
(C)  any discount, cash, credit, or credit toward a future purchase that is automatically provided to a consumer without the need to submit a request for redemption;
(D)  a rebate that is applied to a bill that the consumer becomes obligated to pay after the date the purchase is made;
(E)  any refund that may be given to a consumer in accordance with a manufacturer or retailer's return, guarantee, adjustment, or warranty policies; or
(F)  any manufacturer or retailer's frequent shopper customer reward program.
(3)  "Properly completed" means that the consumer submitted the required information and documentation in the manner and by the deadline specified in the rebate offer and otherwise satisfied the terms and conditions of the rebate offer.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.012(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 605 - Consumer Rebate Response and Grace Period for Corrections › Section 605.003. Use of Independent Entity to Process Rebate

Sec. 605.003.  USE OF INDEPENDENT ENTITY TO PROCESS REBATE.  For the purposes of this chapter, if a person who offers a rebate uses an independent entity to process the rebate, an act of the entity is considered to be an act of the person and receipt of a rebate request by the entity is considered receipt of the request by the person.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.012(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 605 - Consumer Rebate Response and Grace Period for Corrections › Section 605.004. Deceptive Trade Practice

Sec. 605.004.  DECEPTIVE TRADE PRACTICE.  (a)  A violation of this chapter is a deceptive trade practice in addition to the practices described by Subchapter E, Chapter 17, and is actionable by a consumer under that subchapter.  Claims related to more than one consumer may not be joined in a single action brought for an alleged violation of this chapter, unless all parties agree.
(b)  A violation of this chapter is subject to an action by the office of the attorney general as provided by Section 17.46(a).
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.012(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 605 - Consumer Rebate Response and Grace Period for Corrections › Section 605.005. Certification as Class Action Prohibited

Sec. 605.005.  CERTIFICATION AS CLASS ACTION PROHIBITED.  A court may not certify an action brought under this chapter as a class action.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.012(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 606 - Suspension, Termination, or Reinstatement of Certain Services for Active Duty Military Service Members › Section 606.001. Definitions

Sec. 606.001.  DEFINITIONS.  In this chapter:
(1)  "Active duty military service" means:
(A)  service as a member of the armed forces of the United States;
(B)  with respect to a member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States, active duty under an order of the president of the United States; or
(C)  state active duty as a member of the Texas military forces.
(2)  "Cable service," "cable service provider," "video service," and "video service provider" have the meanings assigned by Section 66.002, Utilities Code.
(3)  "Health spa" has the meaning assigned by Section 702.003, Occupations Code.
(4)  "Health spa services" has the meaning assigned to the term "services" by Section 702.003, Occupations Code.
(5)  "Health spa services provider" means a person providing health spa services.
(6)  "Internet service provider" has the meaning assigned by Section 324.055.
(7)  "Military service member" means:
(A)  a member of the armed forces of the United States;
(B)  a member of the Texas National Guard or the National Guard of another state serving on active duty under an order of the president of the United States;
(C)  a member of a reserve component of the armed forces of the United States who is on active duty under an order of the president of the United States; or
(D)  a member of the Texas military forces serving on state active duty.
(8)  "Service provider" means a cable service provider, a health spa services provider, an Internet service provider, a telecommunications provider, or a video service provider.
(9)  "State active duty" and "Texas military forces" have the meanings assigned by Section 437.001, Government Code.
(10)  "Telecommunications provider" has the meaning assigned by Section 51.002, Utilities Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 888 (H.B. 3066), Sec. 2, eff. June 15, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 606 - Suspension, Termination, or Reinstatement of Certain Services for Active Duty Military Service Members › Section 606.003. Reinstatement of Certain Services for Active Duty Military Service Members

Sec. 606.003.  REINSTATEMENT OF CERTAIN SERVICES FOR ACTIVE DUTY MILITARY SERVICE MEMBERS.  (a)  A military service member who suspends or terminates a service under Section 606.002 and whose period of active duty military service has ended may reinstate the service by providing:
(1)  a written notice of reinstatement to the service provider of the suspended or terminated service; and
(2)  a document evidencing proof of the date the active duty military service ends not later than the 90th day after the date on which the service member's active duty military service ended.
(b)  A service provider that receives a written notice of reinstatement of a service and the documentation required by Subsection (a)(2) shall:
(1)  resume providing the same services the service provider provided to the military service member on the same terms and conditions agreed to by the service member and the service provider before the suspension or termination of those services took effect; or
(2)  if the same services are no longer available, provide services that are substantially similar to the services that were suspended or terminated.
(c)  A service provider shall reinstate a service as provided by Subsection (b) within a reasonable time, but not later than the 30th day after the date the service provider receives a written notice of reinstatement.
(d)  A service provider may not charge a penalty, fee, loss of deposit, or other additional cost due to a reinstatement of services under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 888 (H.B. 3066), Sec. 2, eff. June 15, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 607 - Payment Card Skimmers on Motor Fuel Metering Devices › Subchapter A. General Provisions › Section 607.001. Definitions

Sec. 607.001.  DEFINITIONS.  In this chapter:
(1)  "Center" means the financial crimes intelligence center established under Chapter 2312, Occupations Code.
(1-a)  "Commission" means the Texas Commission of Licensing and Regulation.
(1-b)  "Credit card issuer" has the meaning assigned by Section 505.001.
(2)  "Department" means the Texas Department of Licensing and Regulation.
(2-a)  "Executive director" means the executive director of the department.
(3)  "Financial institution" has the meaning assigned by Section 277.001, Finance Code.
(3-a)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(4)  "Merchant" means a person whose business includes the sale of motor fuel through motor fuel metering devices to retail customers.
(5)  "Motor fuel" and "motor fuel metering device" have the meanings assigned by Section 2310.001, Occupations Code.
(5-a)  "Motor fuel unattended payment terminal" means a point-of-sale terminal or kiosk that is operated by a customer to activate or complete a transaction  at a motor fuel metering device through the use of a payment card or a payment by other electronic means.
(6)  "Payment card" has the meaning assigned by Section 522.001.
(6-a)  "Payment card network" means an entity that directly, or through a licensed member, processor, or agent, provides the proprietary services, infrastructure, and software that route information and data to conduct debit card or credit card transaction authorization, clearance, and settlement, and that an entity uses in order to accept as a form of payment a brand of debit card, credit card, or other device that may be used to carry out debit or credit transactions.
(7)  "Service company" and "service technician" have the meanings assigned by Section 2310.151, Occupations Code.
(8)  "Skimmer" means a wire or electronic device that is capable of unlawfully intercepting electronic communications or data to perpetrate fraud.
(9)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 12(1), eff. September 1, 2021.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 12(1), eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 607 - Payment Card Skimmers on Motor Fuel Metering Devices › Subchapter A. General Provisions › Section 607.002. Administration and Enforcement of Chapter

Sec. 607.002.  ADMINISTRATION AND ENFORCEMENT OF CHAPTER.  (a)  The department shall administer and enforce this chapter.
(b)  The commission or the executive director may enforce this chapter, a rule adopted under this chapter, or an order of the commission or executive director as provided by Subchapters F and G, Chapter 51, Occupations Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 607 - Payment Card Skimmers on Motor Fuel Metering Devices › Subchapter A. General Provisions › Section 607.003. Funding

Sec. 607.003.  FUNDING.  The department may solicit and accept gifts, grants, and other donations for purposes of administering this chapter, except that the department may not solicit or accept a gift, grant, or other donation from a license holder as defined by Section 2310.151, Occupations Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 607 - Payment Card Skimmers on Motor Fuel Metering Devices › Subchapter A. General Provisions › Section 607.004. Rules

Sec. 607.004.  RULES.  The commission shall adopt rules for administering this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 607 - Payment Card Skimmers on Motor Fuel Metering Devices › Subchapter B. Duties Related to Use of Certain Unattended Payment Terminals › Section 607.053. Notice of Discovery of Skimmer Required

Sec. 607.053.  NOTICE OF DISCOVERY OF SKIMMER REQUIRED.  (a) If a service technician discovers a skimmer in or on a motor fuel unattended payment terminal or motor fuel metering device, the service technician or service company that employs the technician shall notify the department and the merchant of the skimmer in the manner prescribed by commission rule.
(b)  If a merchant discovers a skimmer in or on a motor fuel unattended payment terminal or motor fuel metering device or is notified of the presence of a skimmer, the merchant shall, in the manner prescribed by commission rule:
(1)  disable, or cause to be disabled, the motor fuel metering device on which the skimmer was discovered;
(1-a)  notify a law enforcement agency and the department that a skimmer has been detected; and
(2)  take appropriate measures to protect the motor fuel metering device from being tampered with until the department or law enforcement agency arrives and the skimmer is removed.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 607 - Payment Card Skimmers on Motor Fuel Metering Devices › Subchapter B. Duties Related to Use of Certain Unattended Payment Terminals › Section 607.054. Report to Department

Sec. 607.054.  REPORT TO DEPARTMENT.  (a)  The department may accept a report of a suspected skimmer from any interested person, including:
(1)  a law enforcement agency;
(2)  a financial institution;
(3)  a credit card or debit card issuer;
(4)  a service technician or service company;
(5)  a member of the public; and
(6)  a payment card network.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 12(4), eff. September 1, 2021.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 5, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 12(4), eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 607 - Payment Card Skimmers on Motor Fuel Metering Devices › Subchapter B. Duties Related to Use of Certain Unattended Payment Terminals › Section 607.055. Investigation of Skimmer Report

Sec. 607.055.  INVESTIGATION OF SKIMMER REPORT.  (a)  On receipt of a report under Section 607.053 or 607.054, the department may conduct an inspection for the presence of suspected skimmers.
(b)  The department shall coordinate with law enforcement agencies in conducting an investigation of the report.
(c)  The department may inspect, directly or in coordination with a law enforcement agency, the motor fuel metering device that is the subject of the report and any other motor fuel metering device located at the same place of business.
(d)  A merchant shall cooperate with the department or law enforcement agency during an investigation of a skimmer discovered or reported at the merchant's place of business and permit the inspection and alteration of motor fuel metering devices at the place of business as necessary.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 607 - Payment Card Skimmers on Motor Fuel Metering Devices › Subchapter B. Duties Related to Use of Certain Unattended Payment Terminals › Section 607.056. Confidentiality

Sec. 607.056.  CONFIDENTIALITY.  (a)  Except as otherwise provided by this section, information is confidential and not subject to disclosure under Chapter 552, Government Code, if the information is:
(1)  from a report received by the department under Section 607.053 or 607.054; or
(2)  prepared or compiled by the department in connection with the report or an investigation conducted under this subchapter.
(b)  Information described by Subsection (a) may be disclosed to:
(1)  an institution of higher education;
(2)  a law enforcement agency;
(3)  the center;
(4)  a credit card issuer, a debit card issuer, a financial institution that is not a credit card issuer, or a payment card network that may be impacted by the use of a skimmer on a motor fuel unattended payment terminal or motor fuel metering device;
(5)  another person if the disclosure of the information is permitted or required by other law or court order;
(6)  a trade association representing a financial institution; or
(7)  a department contractor or other agent.
(c)  The disclosure of information under Subsection (b) is not a voluntary disclosure for purposes of Section 552.007, Government Code.
(d)  On the dismissal or final resolution of a report by the department, information described by Subsection (a) is subject to disclosure under Chapter 552, Government Code.
(e)  Notwithstanding Subsection (a), a law enforcement agency or the center may disclose to the public information made confidential by that subsection if the law enforcement agency or the chief intelligence coordinator for the center determines that the disclosure of the information furthers a law enforcement purpose, except that a law enforcement agency or the center may not disclose to the public the identity of a person that submits a report of a suspected skimmer to the department under Section 607.053 or 607.054.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 607 - Payment Card Skimmers on Motor Fuel Metering Devices › Subchapter C. Enforcement › Section 607.1021. Civil Penalty

Sec. 607.1021.  CIVIL PENALTY.  (a)  A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty.
(b)  The attorney general or the executive director may bring an action to collect a penalty under this section.
(c)  The provisions of Section 51.352, Occupations Code, relating to an action to collect and the amount of a civil penalty under that section apply to an action to collect and the amount of a civil penalty under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 607 - Payment Card Skimmers on Motor Fuel Metering Devices › Subchapter C. Enforcement › Section 607.103. Offenses; Penalties

Sec. 607.103.  OFFENSES; PENALTIES.  (a)  A person commits an offense if the person refuses to allow an inspection of a motor fuel metering device at the merchant's place of business in violation of Section 607.055.  An offense under this subsection is a Class C misdemeanor.
(b)  A person commits an offense if the person negligently or recklessly disposes of a skimmer that was installed on a motor fuel unattended payment terminal or motor fuel metering device by another person.  An offense under this subsection is a Class B misdemeanor.
(c)  A person commits an offense if, knowing that an investigation is ongoing or that a criminal proceeding has been commenced and is pending, the person disposes of a skimmer that was installed on a motor fuel unattended payment terminal or motor fuel metering device by another person.  An offense under this subsection is a felony of the third degree.
Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 608 - Manufacturer's Warranties on Air Conditioning Systems › Section 608.001. Definitions

Sec. 608.001.  DEFINITIONS.  In this chapter:
(1)  "Air conditioning system" means a heating, ventilation, and air conditioning system that provides heating and cooling to a building.
(2)  "Residential real property" has the meaning assigned by Section 22.001.
(3)  "Warrantor" means a person who is contractually obligated to repair or replace a product under a warranty agreement.
Added by Acts 2021, 87th Leg., R.S., Ch. 815 (H.B. 2110), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 608 - Manufacturer's Warranties on Air Conditioning Systems › Section 608.002. Transfer of Manufacturer's Warranty

Sec. 608.002.  TRANSFER OF MANUFACTURER'S WARRANTY. (a) If residential real property that includes an air conditioning system as a fixture to the property is conveyed to a new owner, a manufacturer's warranty in effect on that system or a component of that system on the date of the conveyance:
(1)  is automatically transferred to the new owner; and
(2)  continues in effect as if the new owner was the original purchaser of the system or component, as applicable.
(b)  A warrantor continues to be obligated under the terms of a manufacturer's warranty agreement for a warranty transferred under this section and may not charge a fee for the transfer of the warranty.
(c)  The transfer of a manufacturer's warranty under this section does not extend the original term of the warranty agreement.
Added by Acts 2021, 87th Leg., R.S., Ch. 815 (H.B. 2110), Sec. 1, eff. September 1, 2021.