reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 609 - Separation of Wireless Telephone Service Accounts › Section 609.001. Separation by Court Order

Sec. 609.001.  SEPARATION BY COURT ORDER.  (a)  On receipt of a court order issued under Section 85.0225, Family Code, a wireless telephone service provider shall transfer to the petitioner named in the order the use of each wireless telephone number listed in the order.
(b)  A wireless telephone service provider is not required to complete the transfer described by Subsection (a) if, as soon as practicable but not later than the fifth business day after the date the provider receives the court order, the provider notifies the petitioner that:
(1)  the wireless telephone service account holder named in the order has terminated the account;
(2)  a difference in network technology would prevent or impair the functionality of a device on a network if the transfer occurs;
(3)  the transfer would cause a geographic or other limitation on the network or service provision to the petitioner; or
(4)  another technological or operational issue would prevent or impair the use of the wireless telephone number if the transfer occurs.
(c)  A wireless telephone service provider may charge the petitioner routine and customary fees and impose routine and customary requirements for establishing a wireless telephone service account, including requiring the petitioner to provide proof of identification, financial information, and customer references.
(d)  In imposing and collecting fees under Subsection (c), the wireless telephone service provider may not:
(1)  impose a penalty for early termination of a contract in connection with separating a wireless telephone service account under this section;
(2)  hold the petitioner responsible for any outstanding balance of the respondent's wireless telephone service account or require payment of the outstanding balance as a condition of separating a wireless telephone service account under this section; or
(3)  charge a fee for transferring the wireless telephone number in addition to the usual and customary fees for establishing a wireless telephone service account.
(e)  If further action is required by the petitioner to complete the transfer process, the wireless telephone service provider shall make a description of the necessary procedures available in writing.
(f)  A wireless telephone service provider or an officer, employee, or agent of the provider is not subject to civil liability for actions taken under this section as required by a court order rendered under Section 85.0225, Family Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 245 (H.B. 1372), Sec. 2, eff. September 1, 2021.
Redesignated from Business and Commerce Code, Chapter 608 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(5), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 610 - Unauthorized Transaction Categorization › Section 610.001. Definitions

Sec. 610.001.  DEFINITIONS.  In this chapter:
(1)  "Electronic payment transaction" means a transaction in which a person uses a payment card or other payment code or device issued or approved through a payment card network to debit a deposit account or use a line of credit, whether authorization is based on a signature, personal identification number, or other means.
(2)  "Firearms code" means any merchant category code approved by the International Organization for Standardization for a firearms retailer, including Merchant Category Code 5723.
(3)  "Firearms retailer" means any person or entity engaged in the sale of firearms, ammunition for use in firearms, or firearms accessories.
(4)  "Payment card" means a credit card, debit card, check card, or other card that is issued to an authorized user to purchase or obtain goods, services, money, or any other thing of value.
(5)  "Payment card issuer" means a lender, including a financial institution, or a merchant that receives applications and issues payment cards to individuals.
(6)  "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.
Added by Acts 2023, 88th Leg., R.S., Ch. 514 (H.B. 2837), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 610 - Unauthorized Transaction Categorization › Section 610.002. Unauthorized Categorization of Certain Transactions

Sec. 610.002.  UNAUTHORIZED CATEGORIZATION OF CERTAIN TRANSACTIONS.  (a)  A person or entity involved in facilitating or processing an electronic payment transaction, including a payment card issuer or payment card network, may not assign to a merchant or require a merchant to use a firearms code.
(b)  For the purposes of the sale of firearms, ammunition for use in firearms, and firearms accessories, a firearms retailer may not provide a firearms code to a payment card issuer or payment card network and may only use or be assigned a merchant category code for general merchandise retailers or sporting goods retailers. Any agreement or contractual provision to the contrary is void.
(c)  A payment card issuer or payment card network shall notify the payment card holder in writing on every occasion that a firearms code is assigned to an electronic payment transaction on the payment card holder's account.
Added by Acts 2023, 88th Leg., R.S., Ch. 514 (H.B. 2837), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 610 - Unauthorized Transaction Categorization › Section 610.003. Investigative Authority of Attorney General

Sec. 610.003.  INVESTIGATIVE AUTHORITY OF ATTORNEY GENERAL.  (a) If the attorney general has reasonable cause to believe that a person or entity has engaged in, is engaging in, or is about to engage in a violation of this chapter, the attorney general shall issue a civil investigative demand. The procedures established for the issuance of a civil investigative demand under Section 15.10 apply to the same extent and manner to the issuance of a civil investigative demand under this section.
(b)  The attorney general may request, pursuant to a civil investigative demand issued under Subsection (a), that a person or entity disclose any data that is relevant to an investigation conducted by the attorney general. The attorney general shall evaluate the data for compliance with the requirements set forth in Section 610.002.
Added by Acts 2023, 88th Leg., R.S., Ch. 514 (H.B. 2837), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 610 - Unauthorized Transaction Categorization › Section 610.004. Notice of Violation of Chapter; Opportunity to Cure

Sec. 610.004.  NOTICE OF VIOLATION OF CHAPTER; OPPORTUNITY TO CURE.  (a)  Not later than the 30th day before bringing an action under Section 610.005, the attorney general must give written notice to the person or entity identifying the specific provisions of this chapter that are or were being violated.
(b)  The attorney general may not bring an action against the person or entity if the person or entity:
(1)  cures the identified violation within the 30-day period; and
(2)  provides the attorney general a written statement affirming that the person or entity has:
(A)  cured the alleged violation;
(B)  provided supporting documentation to show how the violation was cured; and
(C)  made changes to internal policies to prevent the recurrence of any similar violation in the future.
Added by Acts 2023, 88th Leg., R.S., Ch. 514 (H.B. 2837), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 610 - Unauthorized Transaction Categorization › Section 610.005. Enforcement; Civil Penalty; Injunction

Sec. 610.005.  ENFORCEMENT; CIVIL PENALTY; INJUNCTION. (a) Except as provided by Section 610.006, the attorney general has exclusive authority to enforce this chapter.
(b)  A person or entity who violates this chapter and fails to cure the violation in accordance with Section 610.004, or who breaches a written statement provided to the attorney general under that section, is liable for a civil penalty in the amount of $10,000 for each violation.
(c)  The attorney general shall bring an action to:
(1)  recover a civil penalty under this section; and
(2)  restrain or enjoin a person or entity from violating this chapter.
(d)  The attorney general may recover reasonable attorney's fees and other reasonable expenses incurred in investigating and bringing an action under this section.
(e)  The attorney general shall deposit a civil penalty collected under this section in the state treasury to the credit of the general revenue fund.
Added by Acts 2023, 88th Leg., R.S., Ch. 514 (H.B. 2837), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 610 - Unauthorized Transaction Categorization › Section 610.006. Private Right of Action

Sec. 610.006.  PRIVATE RIGHT OF ACTION.  (a) A person who has used a payment card to purchase a firearm, ammunition for use in a firearm, or a firearm accessory may bring an action against a payment card issuer or payment card network to obtain:
(1)  a declaratory judgment under Chapter 37, Civil Practice and Remedies Code, that the payment card issuer or payment card network has violated Section 610.002; or
(2)  a judgment enjoining the payment card issuer or payment card network from violating Section 610.002.
(b)  Except as provided by Subsection (a), this chapter may not be construed as providing a basis for, or being subject to, a private right of action for a violation of this chapter or any other law.
Added by Acts 2023, 88th Leg., R.S., Ch. 514 (H.B. 2837), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter A. General Provisions › Section 621.001. Short Title

Sec. 621.001.  SHORT TITLE.  This chapter may be cited as the Contest and Gift Giveaway Act.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter A. General Provisions › Section 621.002. Construction of Chapter

Sec. 621.002.  CONSTRUCTION OF CHAPTER.  This chapter shall be interpreted to provide the maximum disclosure to, and fair treatment of, a person who enters a contest or gift giveaway through which the person is solicited to attend a sales presentation.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter A. General Provisions › Section 621.004. Inapplicability of Chapter to Certain Sales Presentations

Sec. 621.004.  INAPPLICABILITY OF CHAPTER TO CERTAIN SALES PRESENTATIONS.  This chapter does not apply to a sales presentation that is conducted in conjunction with a business seminar, trade show, convention, or other gathering if only representatives of business entities who attend the seminar, trade show, convention, or gathering are solicited to attend.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter A. General Provisions › Section 621.005. Determination of Retail Value of Prize or Gift

Sec. 621.005.  DETERMINATION OF RETAIL VALUE OF PRIZE OR GIFT.  (a)  The retail value of an item offered as a prize or gift is the price at which at least two principal retail outlets in this state have made a substantial number of sales of an identical item to members of the public during the six months preceding the offering of the prize or gift.  The item sold by the principal retail outlets must be from the same manufacturer, and be of the same brand, model, and type, as the item offered as a prize or gift.
(b)  If a substantial number of sales of a particular item offered as a prize or gift have not been made in this state during the six months preceding the offering of the item described in the solicitation or if the offeror elects, the retail value of the item is the actual cost of the item to the offeror, net of any rebates, plus 200 percent.
(c)  If a prize or gift involves lodging, airfare, a trip, or a recreational activity, the retail value is the retail sales price of that lodging, airfare, trip, or recreational activity to a member of the public who is not involved in a promotional or other discount transaction.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter A. General Provisions › Section 621.006. Deposit Requirements

Sec. 621.006.  DEPOSIT REQUIREMENTS.  (a)  In this section, "refundable deposit" means a deposit that is required to be returned in its entirety to a consumer if:
(1)  it is paid by the consumer for a reservation used by the consumer; or
(2)  the consumer provides at least five possible reservation dates, none of which can be confirmed.
(b)  An offeror may require a refundable deposit for a gift or prize involving lodging, airfare, a trip, or a recreational activity if the deposit requirement is fully, clearly, and conspicuously disclosed.
(c)  A condition that restricts the refund of the deposit must be clearly and conspicuously disclosed in at least 10-point type on the solicitation.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter B. Gift Offers › Section 621.051. Applicability of Subchapter

Sec. 621.051.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to a person who uses a gift as part of an advertising plan or program.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter B. Gift Offers › Section 621.052. Required Disclosures Relating to Gifts

Sec. 621.052.  REQUIRED DISCLOSURES RELATING TO GIFTS.  (a)  An offeror who notifies a person that the person will receive a gift shall, at the time of the notification, clearly and conspicuously disclose:
(1)  that attendance at a sales presentation is required;
(2)  the approximate duration of the sales presentation; and
(3)  a description of the product or service being sold.
(b)  A person shall disclose:
(1)  the retail value of a gift; and
(2)  clearly and conspicuously in at least 10-point type that airfare, lodging, or both are not included as part of a gift that is a trip or recreational activity to the extent that either or both are not included.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter B. Gift Offers › Section 621.053. Prohibited Acts Relating to Gifts

Sec. 621.053.  PROHIBITED ACTS RELATING TO GIFTS.  A person may not:
(1)  use the term "gift" or a similar term in a false, misleading, or deceptive manner;
(2)  directly represent or imply that a gift promotion is a contest;
(3)  in a gift promotion, use the term:
(A)  "finalist," "major award winner," "grand prize recipient," "winner," "won," "will win," or "will be awarded" or use words or phrases of similar meaning that imply that a person is being solicited to enter or participate in a contest; or
(B)  "sweepstakes" or "contest" or use words or phrases of similar meaning that imply that a person is being solicited to enter or has won a contest;
(4)  represent that a gift has a sponsor, approval, characteristic, ingredient, use, benefit, quantity, status, affiliation, connection, or identity that the gift does not have;
(5)  represent that a gift is of a particular standard, quality, grade, style, or model if the gift is of another; or
(6)  use a word or phrase that:
(A)  simulates or causes confusion with a document issued by an officer of a court or with the seal or name of a real or fictitious governmental entity; or
(B)  implies that the offeror is sending a court document or legal document or that the offeror is a governmental entity.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter B. Gift Offers › Section 621.054. Limitations on Conditioning Gift on Payment of Consideration, Charge, or Expense

Sec. 621.054.  LIMITATIONS ON CONDITIONING GIFT ON PAYMENT OF CONSIDERATION, CHARGE, OR EXPENSE.  (a)  In this section, "redemption or shipping fee" means any kind of consideration paid to the offeror.  The term does not include a refundable deposit.
(b)  Except as provided by Subsection (c), an offeror may notify a person that the person will receive a gift, the receipt of which is conditioned on the person paying consideration of any kind, paying a charge, or incurring an expense, only if the offeror fully, clearly, and conspicuously discloses the consideration, charge, or expense.
(c)  An offeror may not charge a redemption or shipping fee for a gift regardless of whether full disclosure of the fee is made.
(d)  A gift is not prohibited in a legitimate trade promotion if the advertising regarding the promotion fully discloses any contractual obligation to be assumed to qualify for the gift.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter B. Gift Offers › Section 621.055. Limitations on Conditioning Gift on Purchase

Sec. 621.055.  LIMITATIONS ON CONDITIONING GIFT ON PURCHASE.  (a)  An offeror may notify a person that the person will receive a gift, the receipt of which is conditioned on the person purchasing a good or service, only if at the time of notification the offeror clearly and conspicuously discloses that purchase of a good or service is required.
(b)  A gift is not prohibited in a legitimate trade promotion if the advertising regarding the promotion fully discloses any requirement of a purchase to be made to qualify for the gift.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter C. Matched Contests and Drawings › Section 621.101. Applicability of Subchapter

Sec. 621.101.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to a person who uses a contest as part of an advertising plan or program.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter C. Matched Contests and Drawings › Section 621.102. Required Disclosures Relating to Prizes Generally

Sec. 621.102.  REQUIRED DISCLOSURES RELATING TO PRIZES GENERALLY.  An offeror who notifies a person that the person has won a prize, will receive a prize, or has a chance to win or receive a prize shall, at the time of the notification, clearly and conspicuously disclose:
(1)  that attendance at a sales presentation is required;
(2)  the approximate duration of the sales presentation; and
(3)  a description of the product or service being sold.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter C. Matched Contests and Drawings › Section 621.103. Requirements for Matched Contest

Sec. 621.103.  REQUIREMENTS FOR MATCHED CONTEST.  (a)  The identity and number of the major prizes to be awarded in a matched contest must be:
(1)  determined before the contest begins; and
(2)  disclosed on each entry form distributed.
(b)  Each major prize identified on an entry form for a matched contest shall be awarded.
(c)  The contest period for a matched contest may not exceed 12 calendar months.
(d)  If, during the contest period for a matched contest, a winning number is not presented or matched for a major prize, the offeror shall conduct a drawing from the names of those individuals who attended a sales presentation during the contest period.  The offeror shall conduct the drawing not later than the 60th day after the date the contest period ends.  Each major prize identified on the entry forms distributed during the contest period that was not previously awarded shall be awarded at the time of the drawing.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter C. Matched Contests and Drawings › Section 621.104. Required Disclosures Relating to Matched Contest

Sec. 621.104.  REQUIRED DISCLOSURES RELATING TO MATCHED CONTEST.  (a)  A person who uses a matched contest shall clearly and conspicuously disclose in writing in the offer:
(1)  that attendance at a sales presentation is required;
(2)  the name and street address of the person who is soliciting attendance at a sales presentation;
(3)  a description of the product or service being sold;
(4)  each requirement, restriction, qualification, and other condition that must be satisfied for a person to enter the contest, including:
(A)  any deadline by which the person must visit the location or attend the sales presentation to qualify to receive a prize; and
(B)  the approximate duration of the sales presentation;
(5)  a statement of the odds of winning each prize offered, expressed as a ratio in Arabic numerals;
(6)  the geographical area or states in which the contest will be conducted;
(7)  the beginning and ending dates of the contest period;
(8)  the identity and address of each person responsible for awarding prizes;
(9)  that all unclaimed prizes will be awarded by a drawing and the date of the drawing; and
(10)  all other rules and terms of the contest.
(b)  A person engaged in the preparation, promotion, sale, distribution, or use of a matched contest shall disclose:
(1)  the retail value of a prize; and
(2)  clearly and conspicuously in at least 10-point type that airfare, lodging, or both are not included as part of a prize that is a trip or recreational activity to the extent that either or both are not included.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter C. Matched Contests and Drawings › Section 621.105. Prohibited Acts Relating to Matched Contest

Sec. 621.105.  PROHIBITED ACTS RELATING TO MATCHED CONTEST.  A person engaged in the preparation, promotion, sale, distribution, or use of a matched contest may not:
(1)  use the term "prize" or a similar term in a false, misleading, or deceptive manner;
(2)  represent in soliciting a person to enter or participate in the contest that the person is a "finalist," "major award winner," "grand prize recipient," or "winner" or that a person has "won," "will win," or "will be awarded" or use words or phrases of similar meaning unless the representation is true;
(3)  represent that a prize has a sponsor, approval, characteristic, ingredient, use, benefit, quantity, status, affiliation, connection, or identity that the prize does not have;
(4)  represent that a prize is of a particular standard, quality, grade, style, or model if the prize is of another;
(5)  misrepresent the odds of winning a prize;
(6)  misrepresent the rules or terms of participation in the contest;
(7)  represent that:
(A)  a number, ticket, coupon, symbol, or entry form confers or will confer an advantage on a person that another person does not have or has a value that other entries do not have; or
(B)  a person is more likely to win a prize than another person;
(8)  fail to obtain a person's express written consent before using that person's name for a promotional purpose;
(9)  use or distribute simulated checks or currency or other simulated items of value unless the words "SPECIMEN--NON-NEGOTIABLE" are clearly and conspicuously printed on those items in at least 18-point type; or
(10)  use a word or phrase that:
(A)  simulates or causes confusion with a document issued by an officer of a court or with the seal or name of a real or fictitious governmental entity; or
(B)  implies that the offeror is sending a court document or legal document or that the offeror is a governmental entity.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter C. Matched Contests and Drawings › Section 621.106. Required Disclosures Relating to Drawings

Sec. 621.106.  REQUIRED DISCLOSURES RELATING TO DRAWINGS.  (a)  A person may not use a drawing unless the offeror clearly and conspicuously discloses in writing in the offer:
(1)  a statement of the odds of winning each prize offered, expressed as a ratio in Arabic numerals, except as provided by Subsection (c);
(2)  the exact prizes to be awarded in the drawing;
(3)  the beginning and ending dates of the contest period;
(4)  the date the drawing will occur; and
(5)  the location at which the drawing will occur.
(b)  A person engaged in the preparation, promotion, sale, distribution, or use of a drawing shall disclose:
(1)  the retail value of a prize; and
(2)  clearly and conspicuously in at least 10-point type that airfare, lodging, or both are not included in a prize that is a trip or recreational activity to the extent that either or both are not included.
(c)  If the odds of winning a prize cannot be determined because the total number of entries is not known, the offeror shall make a statement to the effect that the odds of winning depend on the total number of entries received.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter C. Matched Contests and Drawings › Section 621.107. Prohibited Acts Relating to Drawings

Sec. 621.107.  PROHIBITED ACTS RELATING TO DRAWINGS.  A person engaged in the preparation, promotion, sale, distribution, or use of a drawing may not:
(1)  use the term "prize" or a similar term in a false, misleading, or deceptive manner;
(2)  fail to provide the prize as represented at the conclusion of the drawing;
(3)  represent that a prize has a sponsor, approval, characteristic, ingredient, use, benefit, quantity, status, affiliation, connection, or identity that the prize does not have;
(4)  represent that a prize is of a particular standard, quality, grade, style, or model if the prize is of another;
(5)  misrepresent the odds of winning a prize; or
(6)  misrepresent the rules or terms of participation in the drawing.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter C. Matched Contests and Drawings › Section 621.108. Conditioning Prize on Payment of Consideration, Charge, or Expense Prohibited; Exceptions

Sec. 621.108.  CONDITIONING PRIZE ON PAYMENT OF CONSIDERATION, CHARGE, OR EXPENSE PROHIBITED; EXCEPTIONS.  (a)  Except as provided by Subsection (b), an offeror may not notify a person that the person has won a prize, will receive a prize, or has a chance to win or receive a prize if the receipt of the prize is conditioned on the person paying consideration of any kind, paying a charge, or incurring an expense.
(b)  An offeror may notify a person that the person has won a prize, will receive a prize, or has a chance to receive a prize that is conditioned on the person paying:
(1)  expenses incurred for travel to and from the sales location; or
(2)  a refundable deposit authorized under Section 621.006.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter C. Matched Contests and Drawings › Section 621.109. Conditioning Prize on Purchase Prohibited

Sec. 621.109.  CONDITIONING PRIZE ON PURCHASE PROHIBITED.  An offeror may not notify a person that the person has won a prize, will receive a prize, or has a chance to win or receive a prize if the receipt of the prize is conditioned on the person purchasing a good or service unrelated to the prize.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter D. Fulfillment of Gift and Prize Offers › Section 621.151. Availability and Awarding of Gift or Prize

Sec. 621.151.  AVAILABILITY AND AWARDING OF GIFT OR PRIZE.  (a)  Subject to Sections 621.152-621.154, an offeror shall:
(1)  in a gift offer, provide each gift as represented to each person who attends a sales presentation; or
(2)  in a matched contest, award each prize as represented on the entry form to each person who presents a winning entry.
(b)  An offeror shall have available at the sales location a sufficient quantity of:
(1)  each gift to meet the reasonable anticipated response to the offer; or
(2)  each prize to meet the reasonable anticipated number of prize winners.
(c)  Except as provided by Sections 621.152-621.154, an offeror may not provide a coupon book, a discount book, or a certificate or voucher that entitles the holder to redeem the certificate or voucher for a gift or prize required to be available under this section.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter D. Fulfillment of Gift and Prize Offers › Section 621.152. Raincheck Requirements

Sec. 621.152.  RAINCHECK REQUIREMENTS.  Subject to Section 621.153(a), if the response to an offer exceeds the number of gifts or major or minor prizes, as applicable, available at the sales location, the offeror, at the time of the visit or, if a sales presentation is required, at the conclusion of the sales presentation, shall tender to the recipient of the offer a raincheck for the gift or prize represented in the offer.  Except as provided by Section 621.153(b), the offeror shall send that exact gift or prize to the recipient, without cost to the recipient, not later than the 14th day after the date the recipient visits the sales location or attends the sales presentation.  The offeror shall obtain a return receipt from the shipper verifying that the gift or prize was delivered to the recipient.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter D. Fulfillment of Gift and Prize Offers › Section 621.153. Issuance of Check or Money Order in Lieu of Gift or Minor Prize

Sec. 621.153.  ISSUANCE OF CHECK OR MONEY ORDER IN LIEU OF GIFT OR MINOR PRIZE.  (a)  An offeror who knows at the time a recipient of an offer visits a sales location or attends a sales presentation that the gift or minor prize will not be available within 14 days of the date of the visit or attendance shall at the time of the visit or at the conclusion of the sales presentation tender to the recipient, by cash or check, the amount of $100.
(b)  If, after the expiration of the 14th day after the date the offeror issued a raincheck under Section 621.152 for a gift or minor prize, the offeror has not sent the gift or prize, the offeror shall send by mail to the recipient of the raincheck a check or money order in the amount of $100 payable to the recipient.  The offeror shall:
(1)  send the check or money order not later than the 15th day after the date the offeror issued the raincheck; and
(2)  obtain a return receipt from the United States Postal Service that verifies that the check or money order was delivered to the recipient.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter D. Fulfillment of Gift and Prize Offers › Section 621.154. Certificate Permitted for Lodging, Airfare, Trip, or Recreational Activity

Sec. 621.154.  CERTIFICATE PERMITTED FOR LODGING, AIRFARE, TRIP, OR RECREATIONAL ACTIVITY.  An offeror may give the recipient of a gift or prize involving lodging, airfare, a trip, or a recreational activity a certificate that evidences the recipient's right to the gift or prize.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter E. Contest Records › Section 621.201. Applicability of Subchapter

Sec. 621.201.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to a person who uses a contest as part of an advertising plan or program.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter E. Contest Records › Section 621.202. Required Records for Contests Other Than Drawings

Sec. 621.202.  REQUIRED RECORDS FOR CONTESTS OTHER THAN DRAWINGS.  (a)  For each contest other than a drawing, the offeror shall maintain until the second anniversary of the date the last prize was awarded:
(1)  records of the identity and address of each person who is responsible for developing, creating, sponsoring, or implementing any part of the advertising plan or program;
(2)  records that show that the winning numbers have been deposited in the mail or otherwise made available to recipients in accordance with the odds statement provided under Section 621.104(a);
(3)  a copy of each contest solicitation;
(4)  records adequate to determine:
(A)  the name and address of each contestant;
(B)  the approximate date each contestant was sent the solicitation used in the contest;
(C)  the number of major prizes awarded;
(D)  the date each major prize was awarded;
(E)  the name, brand, type, model number, and manufacturer of each prize offered;
(F)  the method of computing the retail value of each prize;
(G)  the method of selecting major prize winners;
(H)  the name and address of each major prize winner; and
(I)  the facts on which each representation or disclosure made in connection with the contest was based and from which the validity of the representation or disclosure can be determined.
(b)  Postal receipt records, affidavits of mailing, and a list of winners or recipients of the major prizes satisfy the requirements of Subsection (a)(2).
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter E. Contest Records › Section 621.203. Required Records for Drawings

Sec. 621.203.  REQUIRED RECORDS FOR DRAWINGS.  (a)  For each drawing, the offeror shall maintain until the second anniversary of the date the last major prize was awarded:
(1)  records of the identity and address of each person who is responsible for developing, creating, sponsoring, or implementing any part of the advertising plan or program;
(2)  records that show that the winning entry for each major prize was selected entirely at random from all of the entries received;
(3)  a copy of each contest solicitation; and
(4)  records adequate to determine:
(A)  the total number of entries;
(B)  the number of major prizes awarded;
(C)  the date each major prize was awarded;
(D)  the name, brand, type, model number, and manufacturer of each prize offered;
(E)  the method of computing the retail value of each prize;
(F)  the method of selecting winners; and
(G)  the names and addresses of the winners.
(b)  An affidavit from the person who conducted the drawing and a list of winners or recipients of the major prizes satisfies the requirements of Subsection (a)(2).
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter E. Contest Records › Section 621.204. Disclosure of Major Prizes and Winners on Request

Sec. 621.204.  DISCLOSURE OF MAJOR PRIZES AND WINNERS ON REQUEST.  A person who conducts a contest shall, at the end of the contest period, provide to any person who requests the information:
(1)  the names of all major prize winners; and
(2)  the prizes won by each winner.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter E. Contest Records › Section 621.205. Records Available to Attorney General

Sec. 621.205.  RECORDS AVAILABLE TO ATTORNEY GENERAL.  A person who receives a written request from the attorney general for the records required under this subchapter shall make the records available to the attorney general not later than the 30th day after the date the person received the request.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter F. Enforcement › Section 621.251. Criminal Penalty

Sec. 621.251.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly violates this chapter.
(b)  Except as provided by Subsection (c), an offense under this section is a Class B misdemeanor.
(c)  An offense under this section is:
(1)  a Class A misdemeanor if it is shown at the trial of the defendant that:
(A)  the defendant has previously been convicted of an offense under this section; and
(B)  the offense for which the defendant is on trial was committed not later than the fifth anniversary of the date of the previous conviction; or
(2)  a third degree felony if it is shown at the trial of the defendant that:
(A)  the defendant has previously been twice convicted of an offense under this section; and
(B)  the offense for which the defendant is on trial was:
(i)  intentional; and
(ii)  committed not later than the fifth anniversary of the earlier of the dates of two previous convictions.
(d)  Subsection (c)(2) does not apply to a violation of Subchapter D.
(e)  A person may not be prosecuted for more than one offense involving the same promotion regardless of whether that promotion is mailed or distributed to more than one person or is used at more than one location.
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 13 - Contests and Other Promotions › Chapter 621 - Contests and Gift Giveaways › Subchapter F. Enforcement › Section 621.252. Deceptive Trade Practice

Sec. 621.252.  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 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter A. General Provisions › Section 622.001. Definitions

Sec. 622.001.  DEFINITIONS.  In this chapter:
(1)  "Credit card" means a card that, if covered by the law of this state, would be subject to a lender credit card agreement, as defined by Section 301.002, Finance Code, except that the term does not exclude a card that is subject to an agreement under which:
(A)  the obligations are payable in full each month and not deferred; and
(B)  no finance charge is assessed when the obligations are paid.
(2)  "Debit card" means a card offered by an institution the deposits of which are insured by the Federal Deposit Insurance Corporation or another agency, corporation, or instrumentality chartered by the United States government.
(3)  "Imply" means to use any means by which an implication can be conveyed, including:
(A)  a statement, question, or request;
(B)  conduct;
(C)  a graphic or symbol; and
(D)  lettering, coloring, font size, font style, or formatting.
(4)  "Sweepstakes" means a contest that awards one or more prizes based on chance or the random selection of entries.
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 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter A. General Provisions › Section 622.002. Acts Constituting Conducting Sweepstakes

Sec. 622.002.  ACTS CONSTITUTING CONDUCTING SWEEPSTAKES.  For purposes of this chapter, a person conducts a sweepstakes if the person distributes material that:
(1)  promotes a sweepstakes;
(2)  describes one or more sweepstakes prizes;
(3)  states one or more sweepstakes rules;
(4)  includes a current or future opportunity to enter a sweepstakes; or
(5)  provides a method for the recipient of the material to obtain additional information about a sweepstakes.
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 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter B. Applicability of Chapter › Section 622.051. Chapter Limited to Sweepstakes Conducted Through Mail; Exception

Sec. 622.051.  CHAPTER LIMITED TO SWEEPSTAKES CONDUCTED THROUGH MAIL; EXCEPTION.  (a)  This chapter applies only to a sweepstakes conducted through the mail.
(b)  This chapter does not apply to a sweepstakes for which the only use of the mail is for a consumer to return an entry form to the sweepstakes sponsor.
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 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter B. Applicability of Chapter › Section 622.052. Prize Value Less Than $50,000

Sec. 622.052.  PRIZE VALUE LESS THAN $50,000.  (a)  This chapter does not apply to a sweepstakes in which the value of the most valuable prize is less than $50,000.
(b)  For purposes of this section, the value of a prize is the greatest of the prize's:
(1)  face value;
(2)  fair market value; or
(3)  present financial value.
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 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter B. Applicability of Chapter › Section 622.053. Advertisement or Insert in Magazine, Newspaper, or Catalog

Sec. 622.053.  ADVERTISEMENT OR INSERT IN MAGAZINE, NEWSPAPER, OR CATALOG.  This chapter does not apply to a sweepstakes  conducted through an advertisement or insert in:
(1)  a magazine or newspaper:
(A)  that is a publication in which more than 40 percent of the total column inches in each issue consist of advertising space purchased by companies other than:
(i)  the publisher;
(ii)  an affiliate of the publisher; or
(iii)  a vendor for the publisher or an affiliate; and
(B)  that is a publication for which more than 50 percent of the total number of copies distributed of each issue are provided to customers who paid for the copy; or
(2)  a catalog that is a promotional booklet listing merchandise for sale and that:
(A)  is at least 24 pages long;
(B)  has a circulation of at least 250,000; and
(C)  either:
(i)  requires customers to go to a physical location to purchase the advertised items;  or
(ii)  is published by a company that derives more than 50 percent of the company's total gross revenue from sales occurring at physical locations.
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 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter B. Applicability of Chapter › Section 622.054. Charitable Raffle

Sec. 622.054.  CHARITABLE RAFFLE.  This chapter does not apply to a charitable raffle regulated by Chapter 2002, Occupations Code.
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 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter B. Applicability of Chapter › Section 622.0545. Savings Promotion Raffle

Sec. 622.0545.  SAVINGS PROMOTION RAFFLE.  This chapter does not apply to a savings promotion raffle authorized under Chapter 280, Finance Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 978 (H.B. 471), Sec. 2, eff. November 7, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter B. Applicability of Chapter › Section 622.055. Sweepstakes Regulated by Alcoholic Beverage Code

Sec. 622.055.  SWEEPSTAKES REGULATED BY ALCOHOLIC BEVERAGE CODE.  This chapter does not apply to a sweepstakes regulated by the Alcoholic Beverage Code.
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 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter B. Applicability of Chapter › Section 622.056. Company Regulated Under Public Utility Regulatory Act

Sec. 622.056.  COMPANY REGULATED UNDER PUBLIC UTILITY REGULATORY ACT.  This chapter does not apply to a company regulated under Title 2, Utilities Code.
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 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter B. Applicability of Chapter › Section 622.057. Air Carrier; Airman Association

Sec. 622.057.  AIR CARRIER; AIRMAN ASSOCIATION.  This chapter does not apply to:
(1)  a company that is an air carrier subject to Title 49, United States Code; or
(2)  a nonprofit association of airmen who are subject to that title.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.