reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter A. Restriction on Owners, Operators, Managers, or Employees of Sexually Oriented Businesses › Section 102.003. Prohibition on Certain Activities by Business in Relation to Sex Offender

Sec. 102.003.  PROHIBITION ON CERTAIN ACTIVITIES BY BUSINESS IN RELATION TO SEX OFFENDER.  If a sexually oriented business knows that a person is a sex offender, the business may not:
(1)  contract with that person to operate or manage the business as an independent contractor; or
(2)  employ that person as an officer, operator, manager, or other employee.
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 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter A. Restriction on Owners, Operators, Managers, or Employees of Sexually Oriented Businesses › Section 102.0031. Prohibition on Certain Activities by Business in Relation to a Child

Sec. 102.0031.  PROHIBITION ON CERTAIN ACTIVITIES BY BUSINESS IN RELATION TO A CHILD.  A sexually oriented business may not allow an individual younger than 18 years of age to enter the premises of the business.
Added by Acts 2021, 87th Leg., R.S., Ch. 79 (S.B. 315), Sec. 2, eff. May 24, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 942 (S.B. 766), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter A. Restriction on Owners, Operators, Managers, or Employees of Sexually Oriented Businesses › Section 102.004. Injunction or Other Relief

Sec. 102.004.  INJUNCTION OR OTHER RELIEF.  (a)  The attorney general or appropriate district or county attorney, in the name of the state, may bring an action for an injunction or other process against a person who violates or threatens to violate Section 102.002, 102.003, or 102.0031.
(b)  The action may be brought in a district court in:
(1)  Travis County; or
(2)  a county in which any part of the violation or threatened violation occurs.
(c)  The court may grant any prohibitory or mandatory relief warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 79 (S.B. 315), Sec. 3, eff. May 24, 2021.
Acts 2021, 87th Leg., R.S., Ch. 942 (S.B. 766), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter A. Restriction on Owners, Operators, Managers, or Employees of Sexually Oriented Businesses › Section 102.005. Criminal Penalties

Sec. 102.005.  CRIMINAL PENALTIES.  (a)  A sex offender commits an offense if the sex offender violates Section 102.002.
(b)  A sexually oriented business commits an offense if the business violates Section 102.003 or 102.0031.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 79 (S.B. 315), Sec. 4, eff. May 24, 2021.
Acts 2021, 87th Leg., R.S., Ch. 942 (S.B. 766), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter B. Fee Imposed on Certain Sexually Oriented Businesses › Section 102.051. Definitions

Sec. 102.051.  DEFINITIONS.  In this subchapter:
(1)  "Nude" means:
(A)  entirely unclothed; or
(B)  clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the person is female, or any portion of the genitals or buttocks.
(2)  "Sexually oriented business" means a nightclub, bar, restaurant, or similar commercial enterprise that:
(A)  provides for an audience of two or more individuals live nude entertainment or live nude performances; and
(B)  authorizes on-premises consumption of alcoholic beverages, regardless of whether the consumption of alcoholic beverages is under a license or permit issued under the Alcoholic Beverage Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 3, eff. January 1, 2008.
Renumbered from Business and Commerce Code, Section 47.051 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.004, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter B. Fee Imposed on Certain Sexually Oriented Businesses › Section 102.052. Fee Based on Admissions; Records

Sec. 102.052.  FEE BASED ON ADMISSIONS; RECORDS.  (a)  A fee is imposed on a sexually oriented business in an amount equal to $10 for each entry by each customer admitted to the business.
(b)  A sexually oriented business shall record daily in the manner required by the comptroller the number of customers admitted to the business.  The business shall maintain the records for the period required by the comptroller and make the records available for inspection and audit on request by the comptroller.
(c)  This section does not require a sexually oriented business to impose a fee on a customer of the business.  A business has discretion to determine the manner in which the business derives the money required to pay the fee imposed under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 3, eff. January 1, 2008.
Renumbered from Business and Commerce Code, Section 47.052 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.004, eff. September 1, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 190 (H.B. 3345), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter B. Fee Imposed on Certain Sexually Oriented Businesses › Section 102.053. Remission of Fee; Submission of Reports

Sec. 102.053.  REMISSION OF FEE; SUBMISSION OF REPORTS.  Each quarter, a sexually oriented business shall:
(1)  remit the fee imposed by Section 102.052 to the comptroller in the manner prescribed by the comptroller; and
(2)  file a report with the comptroller in the manner and containing the information required by the comptroller.
Added by Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 3, eff. January 1, 2008.
Renumbered from Business and Commerce Code, Section 47.053 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.004, eff. September 1, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 3.001, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter B. Fee Imposed on Certain Sexually Oriented Businesses › Section 102.054. Allocation of Certain Revenue for Sexual Assault Programs

Sec. 102.054.  ALLOCATION OF CERTAIN REVENUE FOR SEXUAL ASSAULT PROGRAMS. The comptroller shall deposit the amounts received from the fee imposed under this subchapter to the credit of the sexual assault program fund.
Added by Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 3, eff. January 1, 2008.
Renumbered from Business and Commerce Code, Section 47.054 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.004, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter B. Fee Imposed on Certain Sexually Oriented Businesses › Section 102.056. Administration, Collection, and Enforcement

Sec. 102.056.  ADMINISTRATION, COLLECTION, AND ENFORCEMENT.  The provisions of Subtitle B, Title 2, Tax Code, apply to the administration, payment, collection, and enforcement of the fee imposed by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 3, eff. January 1, 2008.
Renumbered from Business and Commerce Code, Section 47.056 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.004, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter C. Notice Requirements on Premises of Sexually Oriented Businesses › Section 102.101. Posting of Certain Sign Required

Sec. 102.101.  POSTING OF CERTAIN SIGN REQUIRED.  (a)  A sexually oriented business shall post by the sink area in each restroom on the premises one sign that directs a victim of human trafficking to contact the National Human Trafficking Resource Center.  Except as provided by Subsection (c), the sign must be 11 inches by 17 inches in size.
(b)  The attorney general by rule shall prescribe the design, content, and manner of display of the sign required by this section.  The sign must:
(1)  be in both English and Spanish;
(2)  include the telephone number and Internet website of the National Human Trafficking Resource Center; and
(3)  include the contact information for reporting suspicious activity to the Department of Public Safety.
(c)  The attorney general by rule may require the sign to:
(1)  be in an additional language other than English or Spanish;
(2)  be larger than 11 inches by 17 inches in size if the attorney general determines that a larger sign is appropriate; and
(3)  include other information the attorney general considers necessary and appropriate.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 280 (H.B. 3721), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter C. Notice Requirements on Premises of Sexually Oriented Businesses › Section 102.102. Criminal Penalty

Sec. 102.102.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  is an owner or operator of a sexually oriented business; and
(2)  fails to post the sign required by Section 102.101 in compliance with that section and rules adopted under that section.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 103 - Appraisals Improperly Induced by Mortgage Lenders › Section 103.001. Definitions

Sec. 103.001.  DEFINITIONS.  In this chapter:
(1)  "Lender" means a person who lends money for or invests money in mortgage loans.
(2)  "Mortgage loan" means a loan secured by a deed of trust, security deed, or other lien on real property.
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 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 103 - Appraisals Improperly Induced by Mortgage Lenders › Section 103.002. Criminal Penalty

Sec. 103.002.  CRIMINAL PENALTY.  (a)  A lender commits an offense if in connection with a mortgage loan transaction the lender pays or offers to pay a person, including an individual licensed or certified by the Texas Appraiser Licensing and Certification Board or the Texas Real Estate Commission, a fee or other consideration for appraisal services and the payment:
(1)  is contingent on a minimum, maximum, or pre-agreed estimate of value of property securing the loan;  and
(2)  interferes with the person's ability or obligation to provide an independent and impartial opinion of the property's value.
(b)  An offense under this section is a Class A misdemeanor.
(c)  An instruction a lender gives to a real estate appraiser regarding a legal or other regulatory requirement for the appraisal of property, or any other communication between a lender or real estate appraiser necessary or appropriate under a law, regulation, or underwriting standard applicable to a real estate appraisal, does not constitute interference by a lender for purposes 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 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 104 - Restrictions on Charges by Motor Fuel Franchisors › Section 104.001. Definitions

Sec. 104.001.  DEFINITIONS.  In this chapter:
(1)  "Franchise":
(A)  includes:
(i)  a contract under which a distributor or retailer is authorized to occupy marketing premises in connection with the sale, consignment, or distribution of motor fuel under a trademark owned or controlled by a franchisor-refiner or by a refiner who supplies motor fuel to a distributor who authorizes the occupancy;
(ii)  a contract relating to the supply of motor fuel to be sold, consigned, or distributed under a trademark owned or controlled by a refiner; and
(iii)  the unexpired portion of any franchise transferred or assigned under the franchise provisions or any applicable provision of state or federal law authorizing the transfer or assignment regardless of the franchise provisions; and
(B)  does not include a contract:
(i)  that is made in the distribution of motor fuels through a card-lock or key-operated pumping system; and
(ii)  to which a refiner or producer of the motor fuel is not a party.
(2)  "Franchisee" means a distributor or retailer who is authorized under a franchise to use a trademark in connection with the sale, consignment, or distribution of motor fuel.
(3)  "Franchisor" means a refiner or distributor who authorizes under a franchise the use of a trademark in connection with the sale, consignment, or distribution of motor fuel.
(4)  "Motor fuel" includes diesel fuel and gasoline:
(A)  delivered to a service station by a franchisor; and
(B)  usable as a propellant of a motor vehicle.
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 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 104 - Restrictions on Charges by Motor Fuel Franchisors › Section 104.002. Prohibited Fees, Charges, and Discounts

Sec. 104.002.  PROHIBITED FEES, CHARGES, AND DISCOUNTS.  (a)  For purposes of this section, wholesale price is computed by adding to the invoice price or purchase price per gallon charged to a franchisee who buys motor fuel any excise tax paid by the buyer and any reasonable freight charges paid by the buyer, and subtracting that portion of any refund, rebate, or subsidy not designed to offset the fee, charge, or discount described by this section.
(b)  Except as provided by Subsection (c), a franchisor may not require a franchisee to pay to the franchisor a fee, charge, or discount for:
(1)  honoring a credit card issued by the franchisor; or
(2)  submitting to the franchisor, for payment or credit to the franchisee's account, documents or other evidence of indebtedness of the holder of a credit card issued by the franchisor.
(c)  A franchisor may require a franchisee to pay the fee, charge, or discount if the franchisor, in consideration of competitive prices in the relevant market, has adjusted the wholesale prices charged or rebates credited to franchisees for motor fuel by amounts that on average for franchisees in this state substantially offset the fee, charge, or discount.
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 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 104 - Restrictions on Charges by Motor Fuel Franchisors › Section 104.003. Civil Action

Sec. 104.003.  CIVIL ACTION.  (a)  A franchisee may bring a civil action against a franchisor who violates Section 104.002, without regard to the amount in controversy, in the district court in any county in which the franchisor or franchisee transacts business.  An action under this section must be commenced and prosecuted not later than the second anniversary of the date the cause of action accrues against the franchisor.
(b)  The court shall award to a franchisee who prevails in an action under this section:
(1)  the amount of actual damages;
(2)  equitable relief as determined by the court to be necessary to remedy the effects of the franchisor's violation of Section 104.002, including a declaratory judgment, permanent injunctive relief, and temporary injunctive relief; and
(3)  court costs and attorney's fees that are reasonable in relation to the amount of work expended.
(c)  In addition to the remedies provided under Subsection (b), on finding that the defendant wilfully and knowingly committed the violation, the trier of fact shall award not more than three times the amount of actual damages.
(d)  In an action under this section, the franchisor has the burden of establishing the offset described by Section 104.002 as an affirmative defense.
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 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 105 - Refueling Services for Persons With Disabilities › Section 105.001. Definitions

Sec. 105.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Refueling service" means the service of pumping motor vehicle fuel into the fuel tank of a motor vehicle.
(2)  "Service station" means a gasoline service station or other facility that offers gasoline or other motor vehicle fuel for sale to the public from the facility.
(b)  In this chapter, with respect to the operation of a service station, "person" means an individual, firm, partnership, association, trustee, or corporation.
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 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 105 - Refueling Services for Persons With Disabilities › Section 105.002. Applicability of Chapter

Sec. 105.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies to a service station that ordinarily provides pump island service, except that such a service station is not required to provide refueling service under this chapter during any regularly scheduled hours during which, for security reasons, the service station does not provide pump island service.
(b)  This chapter does not apply to:
(1)  a service station or other facility that:
(A)  never provides pump island service; and
(B)  has only remotely controlled pumps; or
(2)  a refueling service used to provide liquefied gas, as defined by Section 162.001, Tax 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 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 105 - Refueling Services for Persons With Disabilities › Section 105.003. Refueling Services

Sec. 105.003.  REFUELING SERVICES.  (a)  A person who operates a service station shall provide, on request, refueling service to a person with a disability who is the driver of a vehicle and displays:
(1)  a license plate issued under Section 504.201 or 504.203, Transportation Code; or
(2)  a disabled parking placard issued under Section 681.004, Transportation Code.
(b)  The price charged for motor vehicle fuel provided under Subsection (a) may not exceed the price the service station would otherwise generally charge the public for the purchase of motor vehicle fuel without refueling service.
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 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 105 - Refueling Services for Persons With Disabilities › Section 105.004. Notice

Sec. 105.004.  NOTICE.  (a)  The Department of Agriculture shall provide a notice that states the provisions of this chapter to each person who operates a service station.
(b)  The Texas Department of Motor Vehicles shall provide a notice that states the provisions of this chapter to each person with a disability who is issued:
(1)  license plates under Section 504.201, Transportation Code; or
(2)  a disabled parking placard under Section 681.004, Transportation Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3A.02, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 105 - Refueling Services for Persons With Disabilities › Section 105.005. Offense; Penalty

Sec. 105.005.  OFFENSE; PENALTY.  (a)  A person commits an offense if the person violates Section 105.003 and the person is:
(1)  a manager responsible for setting the service policy of a service station subject to this chapter; or
(2)  an employee acting independently against the established service policy of the service station.
(b)  An offense under this section is a Class C misdemeanor.
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 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 105 - Refueling Services for Persons With Disabilities › Section 105.006. Enforcement

Sec. 105.006.  ENFORCEMENT.  In addition to enforcement by the prosecuting attorney who represents the state, this chapter may be enforced by the attorney general.
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 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 106 - Internet Dating Safety Act › Section 106.001. Definitions

Sec. 106.001.  DEFINITIONS.  In this chapter:
(1)  "Member" means a person who submits to an online dating service provider the information required by the provider to access the provider's service for the purpose of engaging in dating or participating in a compatibility evaluation with other persons.
(2)  "Online dating service provider" means a person engaged in the business of offering or providing to its members access to dating or compatibility evaluations between persons through the Internet to arrange or facilitate the social introduction of two or more persons for the purpose of promoting the meeting of individuals.
(3)  "Texas member" means a member who provides a billing address or zip code in this state when registering with the online dating service provider.
Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 106 - Internet Dating Safety Act › Section 106.002. Applicability of Chapter

Sec. 106.002.  APPLICABILITY OF CHAPTER.  This chapter does not apply to an Internet service provider serving as an intermediary for the transmission of electronic messages between members of an online dating service provider.
Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 106 - Internet Dating Safety Act › Section 106.003. Conduct of Criminal Background Check

Sec. 106.003.  CONDUCT OF CRIMINAL BACKGROUND CHECK.  (a)  For purposes of this chapter, an online dating service provider conducts a criminal background check on a person if the provider initiates a name search for the person's convictions for any:
(1)  felony offense;
(2)  offense the conviction or adjudication of which requires registration as a sex offender under Chapter 62, Code of Criminal Procedure; and
(3)  offense for which an affirmative finding of family violence was made under Article 42.013, Code of Criminal Procedure.
(b)  The name search described by Subsection (a) must be conducted by searching:
(1)  available and regularly updated government public record databases for criminal conviction records described by Subsections (a)(1)-(3) that in the aggregate provide substantially national coverage of those records; or
(2)  regularly updated databases that contain at least the same or substantially similar coverage as would be accessible through searching databases described by Subdivision (1).
Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 106 - Internet Dating Safety Act › Section 106.004. Disclosure by Provider That Does Not Conduct Criminal Background Check

Sec. 106.004.  DISCLOSURE BY PROVIDER THAT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECK.  (a)  An online dating service provider that offers services to residents of this state and does not conduct a criminal background check on each member before permitting a Texas member to communicate through the provider with another member shall clearly and conspicuously disclose to all Texas members that the provider does not conduct criminal background checks, as described by Section 106.003.
(b)  The disclosure required by this section must be stated in bold, capital letters, in at least 12-point type on the online dating service provider's Internet website.
Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 106 - Internet Dating Safety Act › Section 106.005. Disclosures by Provider That Conducts Criminal Background Checks

Sec. 106.005.  DISCLOSURES BY PROVIDER THAT CONDUCTS CRIMINAL BACKGROUND CHECKS.  (a)  An online dating service provider that offers services to residents of this state and conducts a criminal background check on each member before permitting a Texas member to communicate through the provider with another member shall clearly and conspicuously disclose to all Texas members that the provider conducts a criminal background check, as described by Section 106.003, on each member before permitting a Texas member to communicate through the provider with another member.
(b)  An online dating service provider that offers services to residents of this state and conducts a criminal background check on each member shall include on the provider's Internet website:
(1)  a statement of whether the provider excludes from its online dating service all persons identified as having been convicted of:
(A)  a felony offense;
(B)  an offense the conviction or adjudication of which requires registration as a sex offender under Chapter 62, Code of Criminal Procedure; or
(C)  an offense for which an affirmative finding of family violence was made under Article 42.013, Code of Criminal Procedure;
(2)  a statement of the number of years of a member's criminal history that is included in a criminal background check; and
(3)  a statement that:
(A)  criminal background checks are not foolproof;
(B)  criminal background checks may give members a false sense of security;
(C)  criminal background checks are not a perfect safety solution;
(D)  criminals may circumvent even the most sophisticated search technology;
(E)  not all criminal records are public in all states and not all databases are up to date;
(F)  only publicly available convictions are included in the criminal background check; and
(G)  the criminal background check does not cover other types of convictions than convictions for offenses described by Section 106.003(a) or any convictions from foreign countries.
(c)  A disclosure required by Subsection (a) must be stated in bold, capital letters in at least 12-point type on the online dating service provider's Internet website.
Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 106 - Internet Dating Safety Act › Section 106.006. Safety Awareness Disclosure by All Providers

Sec. 106.006.  SAFETY AWARENESS DISCLOSURE BY ALL PROVIDERS.  An online dating service provider that offers services to residents of this state shall clearly and conspicuously provide a safety awareness notification on the provider's Internet website that includes a list and description of safety measures reasonably designed to increase awareness of safer online dating practices.  Examples of the safety awareness notification include the following statements or substantially similar statements:
(1)  "Anyone who is able to commit identity theft can also falsify a dating profile.";
(2)  "There is no substitute for acting with caution when communicating with any stranger who wants to meet you.";
(3)  "Never include your last name, e-mail address, home address, phone number, place of work, or any other identifying information in your Internet profile or initial e-mail messages.  Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it."; and
(4)  "If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return.  Never agree to be picked up at your home.  Always provide your own transportation to and from your date and meet in a public place with many people around."
Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 106 - Internet Dating Safety Act › Section 106.007. Civil Penalty; Injunction

Sec. 106.007.  CIVIL PENALTY; INJUNCTION.  (a)  An online dating service provider who violates this chapter is liable to the state for a civil penalty in an amount not to exceed $250 for each Texas member registered with the online dating service provider during the time of the violation.
(b)  The attorney general may:
(1)  seek an injunction to prevent or restrain a violation of this chapter; or
(2)  bring suit to recover the civil penalty imposed under Subsection (a).
(c)  The attorney general may recover reasonable expenses incurred in obtaining an injunction or civil penalty under this section, including court costs and reasonable attorney's fees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 106 - Internet Dating Safety Act › Section 106.008. No Private Right of Action

Sec. 106.008.  NO PRIVATE RIGHT OF ACTION.  This chapter does not create a private right of action.
Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 107 - Pay-to-Park and Valet Parking Services › Section 107.001. Definitions

Sec. 107.001.  DEFINITIONS.  In this chapter:
(1)  "Pay-to-park service" means a business that provides a place to park the motor vehicles of patrons of a public accommodation in a garage, lot, or other facility for a fee.
(2)  "Public accommodation" means any:
(A)  inn, hotel, or motel;
(B)  restaurant, cafeteria, or other facility principally engaged in selling food for consumption on the premises;
(C)  bar, nightclub, or other facility engaged in selling alcoholic beverages for consumption on the premises;
(D)  motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; or
(E)  other facility used by or open to members of the public.
(3)  "Valet parking service" means a parking service through which the motor vehicles of patrons of a public accommodation are parked for a fee by a third party who is not an employee of the public accommodation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 164 (H.B. 2468), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(3), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 107 - Pay-to-Park and Valet Parking Services › Section 107.002. Applicability of Chapter

Sec. 107.002.  APPLICABILITY OF CHAPTER.  This chapter does not apply to a pay-to-park or valet parking service:
(1)  operated by the owner of:
(A)  a restaurant, cafeteria, or other facility principally engaged in selling food for consumption on the premises; or
(B)  an inn, hotel, or motel; and
(2)  provided exclusively to patrons of the public accommodation described by Subdivision (1).
Added by Acts 2011, 82nd Leg., R.S., Ch. 164 (H.B. 2468), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(3), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 107 - Pay-to-Park and Valet Parking Services › Section 107.003. Requirement of Contact Information

Sec. 107.003.  REQUIREMENT OF CONTACT INFORMATION.  (a)  The receipt or claim ticket that an operator of a pay-to-park or valet parking service provides to a patron must state the name, address, and telephone number of the owner of the pay-to-park or valet parking service.
(b)  If a pay-to-park service does not provide a patron with a receipt or claim ticket, the operator shall prominently display the name, address, and telephone number of the owner of the pay-to-park service on a sign on or immediately adjacent to the payment receptacle or other device for making payment for the service.
(c)  For purposes of this section, "owner" does not include the owner of the property on which the pay-to-park or valet parking service is provided unless the service is also owned by the owner of the property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 164 (H.B. 2468), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(3), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 107 - Pay-to-Park and Valet Parking Services › Section 107.004. Civil Penalty

Sec. 107.004.  CIVIL PENALTY.  A pay-to-park or valet parking service that violates this chapter is subject to a civil penalty not to exceed $200 for each violation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 164 (H.B. 2468), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(3), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 107 - Pay-to-Park and Valet Parking Services › Section 107.005. Suit for Civil Penalty

Sec. 107.005.  SUIT FOR CIVIL PENALTY.  The attorney general or a county or district attorney may bring an action to recover a civil penalty imposed under Section 107.004.
Added by Acts 2011, 82nd Leg., R.S., Ch. 164 (H.B. 2468), Sec. 1, eff. September 1, 2011.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 5, eff. January 1, 2014.
Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(3), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(2), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 108 - Certain Charges or Security Deposits for Canine Handlers Prohibited › Section 108.001. Definitions

Sec. 108.001.  DEFINITIONS.  In this chapter:
(1)  "Canine unit" means a canine handler who is a peace officer or firefighter and a service canine trained to assist a peace officer or firefighter in the performance of the individual's official duties.
(2)  "Commercial lodging establishment" means  a hotel, motel, inn, or similar entity that offers lodging to the public in exchange for compensation.
(3)  "Declared disaster" means:
(A)  a disaster declared by the president of the United States;
(B)  a state of disaster declared by the governor under Chapter 418, Government Code; or
(C)  a local state of disaster declared by the governing body of a political subdivision under Section 418.108, Government Code.
(4)  "Firefighter" means an individual who is defined as fire protection personnel under Section 419.021, Government Code.
(5)  "Mutual aid" has the meaning assigned by Section 418.004, Government Code.
Text of subdivision effective until January 01, 2025
(6)  "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, or other law.
Text of subdivision effective on January 01, 2025
(6)  "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2A.001, Code of Criminal Procedure, or other law.
(7)  "Service canine" means a canine trained to assist in search and rescue or law enforcement activities.
Added by Acts 2011, 82nd Leg., R.S., Ch. 579 (H.B. 3487), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(4), eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.004, eff. January 1, 2025.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 108 - Certain Charges or Security Deposits for Canine Handlers Prohibited › Section 108.002. Certain Charges or Security Deposits Prohibited

Sec. 108.002.  CERTAIN CHARGES OR SECURITY DEPOSITS PROHIBITED.  A commercial lodging establishment or restaurant may not require the payment of an extra fee or charge or a security deposit for a service canine that accompanies an individual to the establishment or restaurant if:
(1)  the individual is:
(A)  a peace officer or firefighter assigned to a canine unit; or
(B)  a handler of a search and rescue canine participating in a search and rescue operation under the authority or direction of a law enforcement agency or search and rescue agency; and
(2)  the individual is away from the individual's home jurisdiction while in the course and scope of duty because of:
(A)  a declared disaster; or
(B)  a mutual aid request or mutual aid training.
Added by Acts 2011, 82nd Leg., R.S., Ch. 579 (H.B. 3487), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(4), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 108 - Certain Charges or Security Deposits for Canine Handlers Prohibited › Section 108.003. Liability for Property Damages

Sec. 108.003.  LIABILITY FOR PROPERTY DAMAGES.  (a)  Governmental immunity from suit and from liability is waived and the department or agency of a canine unit may be held liable to the owner or operator of a commercial lodging establishment or restaurant for any damages to the premises caused by the service canine.
(b)  The handler of a search and rescue canine is liable to the owner or operator of a commercial lodging establishment or restaurant for any damages to the premises caused by the service canine.
Added by Acts 2011, 82nd Leg., R.S., Ch. 579 (H.B. 3487), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(4), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 108 - Certain Charges or Security Deposits for Canine Handlers Prohibited › Section 108.004. Civil Penalty

Sec. 108.004.  CIVIL PENALTY.  The owner or operator of a commercial lodging establishment or restaurant that violates Section 108.002 is liable for a civil penalty in an amount not to exceed $200 for each violation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 579 (H.B. 3487), Sec. 1, eff. September 1, 2011.
Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(4), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(3), eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 109 - Business Entities Engaged in Publication of Certain Criminal Record or Juvenile Record Information › Section 109.003. Duty to Publish Complete and Accurate Criminal Record Information

Sec. 109.003.  DUTY TO PUBLISH COMPLETE AND ACCURATE CRIMINAL RECORD INFORMATION.  (a)  A business entity must ensure that criminal record information the entity publishes is complete and accurate.
(b)  For purposes of this chapter, criminal record information published by a business entity is considered:
(1)  complete if the information reflects the notations of arrest and the filing and disposition of criminal charges, as applicable; and
(2)  accurate if the information:
(A)  reflects the most recent information received by the entity from the Department of Public Safety in accordance with Section 411.0851(b)(1)(B), Government Code; or
(B)  was obtained by the entity from a law enforcement agency or criminal justice agency, including the Department of Public Safety, or any other governmental agency or entity within the 60-day period preceding the date of publication.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1200 (S.B. 1289), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 109 - Business Entities Engaged in Publication of Certain Criminal Record or Juvenile Record Information › Section 109.004. Disputing Completeness or Accuracy of Information

Sec. 109.004.  DISPUTING COMPLETENESS OR ACCURACY OF INFORMATION.  (a)  A business entity shall clearly and conspicuously publish an e-mail address, fax number, or mailing address to enable a person who is the subject of criminal record information published by the entity to dispute the completeness or accuracy of the information.
(b)  If a business entity receives a dispute regarding the completeness or accuracy of criminal record information from a person who is the subject of the information, the business entity shall:
(1)  verify with the appropriate law enforcement agency or criminal justice agency, including the Department of Public Safety, or any other governmental agency or entity, free of charge the disputed information; and
(2)  complete the investigation described by Subdivision (1) not later than the 45th business day after the date the entity receives notice of the dispute.
(c)  If a business entity finds incomplete or inaccurate criminal record information after conducting an investigation prescribed by this section, the entity shall promptly remove the inaccurate information from the website or other publication or shall promptly correct the information, as applicable.  The entity may not:
(1)  charge a fee to remove, correct, or modify incomplete or inaccurate information; or
(2)  continue to publish incomplete or inaccurate information.
(d)  A business entity shall provide written notice to the person who disputed the completeness or accuracy of information of the results of an investigation conducted under this section not later than the fifth business day after the date on which the investigation is completed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1200 (S.B. 1289), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 109 - Business Entities Engaged in Publication of Certain Criminal Record or Juvenile Record Information › Section 109.0045. Publication of Confidential Juvenile Record Information or Confidential Criminal Record Information of a Child Prohibited

Sec. 109.0045.  PUBLICATION OF CONFIDENTIAL JUVENILE RECORD INFORMATION OR CONFIDENTIAL CRIMINAL RECORD INFORMATION OF A CHILD PROHIBITED.  (a) A business entity may not publish confidential juvenile record information or confidential criminal record information of a child.
(b)  If a business entity receives a written notice by any person that the business entity is publishing information in violation of this section, the business entity must immediately remove the information from the website or publication.
(c)  If the business entity confirms that the information is not confidential juvenile record information or confidential criminal record information of a child and is not otherwise prohibited from publication, the business entity may republish the information.
(d)  This section does not entitle a business entity to access confidential juvenile record information or confidential criminal record information of a child.
(e)  A business entity does not violate this chapter if the business entity published confidential juvenile record information or confidential criminal record information of a child and:
(1)  the child who is the subject of the records gives written consent to the publication on or after the 18th birthday of the child;
(2)  the publication of the information is authorized or required by other law; or
(3)  the business entity is an interactive computer service, as defined by 47 U.S.C. Section 230, and published material provided by another person.
Added by Acts 2015, 84th Leg., R.S., Ch. 1034 (H.B. 1491), Sec. 4, eff. September 1, 2015.