reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.501. Consumer Protection Division Participation in Class Action

Sec. 17.501.  CONSUMER PROTECTION DIVISION PARTICIPATION IN CLASS ACTION.  (a)  A consumer filing an action under Section 17.50 that is to be maintained as a class action shall send to the consumer protection division:
(1)  a copy of the notice required by Section 17.505(a), by registered or certified mail, at the same time the notice is given to the person complained against;  and
(2)  a copy of the petition in the action not later than the earlier of:
(A)  the 30th day after the date the petition is filed;  or
(B)  the 10th day before the date of any hearing on class certification or a proposed settlement.
(b)  The court shall abate the action for 60 days if the court finds that notice was not provided to the consumer protection division as required by Subsection (a).
(c)  The court, on a showing of good cause, may allow the consumer protection division, as representative of the public, to intervene in an action to which this section applies.  The consumer protection division shall file its motion for intervention with the court before which the action is pending and serve a copy of the motion on each party to the action.
Added by Acts 2003, 78th Leg., ch. 360, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.505. Notice; Inspection

Sec. 17.505.  NOTICE;  INSPECTION.  (a)  As a prerequisite to filing a suit seeking damages under Subdivision (1) of Subsection (b) of Section 17.50 of this subchapter against any person, a consumer shall give written notice to the person at least 60 days before filing the suit advising the person in reasonable detail of the consumer's specific complaint and the amount of economic damages, damages for mental anguish, and expenses, including attorneys' fees, if any, reasonably incurred by the consumer in asserting the claim against the defendant.  During the 60-day period a written request to inspect, in a reasonable manner and at a reasonable time and place, the goods that are the subject of the consumer's action or claim may be presented to the consumer.
(b)  If the giving of 60 days' written notice is rendered impracticable by reason of the necessity of filing suit in order to prevent the expiration of the statute of limitations or if the consumer's claim is asserted by way of counterclaim, the notice provided for in Subsection (a) of this section is not required, but the tender provided for by Subsection (d), Section 17.506 of this subchapter may be made within 60 days after service of the suit or counterclaim.
(c)  A person against whom a suit is pending who does not receive written notice, as required by Subsection (a), may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending.  This subsection does not apply if Subsection (b) applies.
(d)  The court shall abate the suit if the court, after a hearing, finds that the person is entitled to an abatement because notice was not provided as required by this section.  A suit is automatically abated without the order of the court beginning on the 11th day after the date a plea in abatement is filed under Subsection (c) if the plea in abatement:
(1)  is verified and alleges that the person against whom the suit is pending did not receive the written notice as required by Subsection (a);  and
(2)  is not controverted by an affidavit filed by the consumer before the 11th day after the date on which the plea in abatement is filed.
(e)  An abatement under Subsection (d) continues until the 60th day after the date that written notice is served in compliance with Subsection (a).
Added by Acts 1977, 65th Leg., p. 604, ch. 216, Sec. 6, eff. May 23, 1977.  Amended by Acts 1979, 66th Leg., p. 1330, ch. 603, Sec. 5, eff. Aug. 27, 1979.  Renumbered from Bus. & C. Code Sec. 17.50A and amended by Acts 1987, 70th Leg., ch. 167, Sec. 5.02(4), (5), eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 380, Sec. 3, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 414, Sec. 6, eff. Sept. 1, 1995.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.5051. Mediation

Sec. 17.5051.  MEDIATION.  (a)  A party may, not later than the 90th day after the date of service of a pleading in which relief under this subchapter is sought, file a motion to compel mediation of the dispute in the manner provided by this section.
(b)  The court shall, not later than the 30th day after the date a motion under this section is filed, sign an order setting the time and place of the mediation.
(c)  If the parties do not agree on a mediator, the court shall appoint the mediator.
(d)  Mediation shall be held within 30 days after the date the order is signed, unless the parties agree otherwise or the court determines that additional time, not to exceed an additional 30 days, is warranted.
(e)  Except as agreed to by all parties who have appeared in the action, each party who has appeared shall participate in the mediation and, except as provided by Subsection (f), shall share the mediation fee.
(f)  A party may not compel mediation under this section if the amount of economic damages claimed is less than $15,000, unless the party seeking to compel mediation agrees to pay the costs of the mediation.
(g)  Except as provided in this section, Section 154.023, Civil Practice and Remedies Code, and Subchapters C and D, Chapter 154, Civil Practice and Remedies Code, apply to the appointment of a mediator and to the mediation process provided by this section.
(h)  This section does not apply to an action brought by the attorney general under Section 17.47.
Added by Acts 1995, 74th Leg., ch. 414, Sec. 7, eff. Sept. 1, 1995.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.55. Promotional Material

Sec. 17.55.  PROMOTIONAL MATERIAL.  If damages or civil penalties are assessed against the seller of goods or services for advertisements or promotional material in a suit filed under Section 17.47, 17.48, 17.50, or 17.51 of this subchapter, the seller of the goods or services has a cause of action against a third party for the amount of damages or civil penalties assessed against the seller plus attorneys' fees on a showing that:
(1)  the seller received the advertisements or promotional material from the third party;
(2)  the seller's only action with regard to the advertisements or promotional material was to disseminate the material;  and
(3)  the seller has ceased disseminating the material.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.555. Indemnity

Sec. 17.555.  INDEMNITY.  A person against whom an action has been brought under this subchapter may seek contribution or indemnity from one who, under the statute law or at common law, may have liability for the damaging event of which the consumer complains.  A person seeking indemnity as provided by this section may recover all sums that he is required to pay as a result of the action, his attorney's fees reasonable in relation to the amount of work performed in maintaining his action for indemnity, and his costs.
Added by Acts 1977, 65th Leg., p. 604, ch. 216, Sec. 7, eff. May 23, 1977.  Renumbered from Sec. 17.55A by Acts 1987, 70th Leg., ch. 167, Sec. 5.02(6), eff. Sept. 1, 1987.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.56. Venue

Text of section as amended by Acts 1995, 74th Leg., ch. 138, Sec. 7.
Sec. 17.56.  VENUE.  Except as provided by Article 5.06-1(8), Insurance Code, an action brought which alleges a claim to relief under Section 17.50 of this subchapter shall be brought as provided by Chapter 15, Civil Practice and Remedies Code.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1977, 65th Leg., p. 604, ch. 216, Sec. 8, eff. May 23, 1977;  Acts 1979, 66th Leg., p. 1332, ch. 603, Sec. 7, eff. Aug. 27, 1979;  Acts 1995, 74th Leg., ch. 138, Sec. 7, eff. Aug. 28, 1995.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.56. Venue

Text of section as amended by Acts 1995, 74th Leg., ch. 414, Sec. 9.
Sec. 17.56.  VENUE.  An action brought under this subchapter may be brought:
(1)  in any county in which venue is proper under Chapter 15, Civil Practice and Remedies Code;  or
(2)  in a county in which the defendant or an authorized agent of the defendant solicited the transaction made the subject of the action at bar.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1977, 65th Leg., p. 604, ch. 216, Sec. 8, eff. May 23, 1977;  Acts 1979, 66th Leg., p. 1332, ch. 603, Sec. 7, eff. Aug. 27, 1979;  Acts 1995, 74th Leg., ch. 414, Sec. 9, eff. Sept. 1, 1995.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.565. Limitation

Sec. 17.565.  LIMITATION.  All actions brought under this subchapter must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice.  The period of limitation provided in this section may be extended for a period of 180 days if the plaintiff proves that failure timely to commence the action was caused by the defendant's knowingly engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action.
Added by Acts 1979, 66th Leg., p. 1332, ch. 603, Sec. 8, eff. Aug. 27, 1979.  Renumbered from Bus. & C. Code Sec. 17.56A by Acts 1987, 70th Leg., ch. 167, Sec. 5.02(7), eff. Sept. 1, 1987.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.57. Subpoenas

Sec. 17.57.  SUBPOENAS.  The clerk of a district court at the request of any party to a suit pending in his court which is brought under this subchapter shall issue a subpoena for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of the county in which the suit is pending or who may be found within such distance at the time of trial.  The clerk shall issue a separate subpoena and a copy thereof for each witness subpoenaed.  When an action is pending in Travis County on the consent of the parties a subpoena may be issued for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of a county in which the suit could otherwise have been brought or who may be found within such distance at the time of the trial.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.58. Voluntary Compliance

Sec. 17.58.  VOLUNTARY COMPLIANCE.  (a)  In the administration of this subchapter the consumer protection division may accept assurance of voluntary compliance with respect to any act or practice which violates this subchapter from any person who is engaging in, has engaged in, or is about to engage in the act or practice.  The assurance shall be in writing and shall be filed with and subject to the approval of the district court in the county in which the alleged violator resides or does business or in the district court of Travis County.
(b)  The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person in violation of this subchapter restore to any person in interest any money or property, real or personal, which may have been acquired by means of acts or practices which violate this subchapter.
(c)  An assurance of voluntary compliance shall not be considered an admission of prior violation of this subchapter.  However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of this subchapter.
(d)  Matters closed by the filing of an assurance of voluntary compliance may be reopened at any time.  Assurances of voluntary compliance shall in no way affect individual rights of action under this subchapter, except that the rights of individuals with regard to money or property received pursuant to a stipulation in the voluntary compliance under Subsection (b) of this section are governed by the terms of the voluntary compliance.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.59. Post Judgment Relief

Sec. 17.59.  POST JUDGMENT RELIEF.  (a)  If a money judgment entered under this subchapter is unsatisfied 30 days after it becomes final and if the prevailing party has made a good faith attempt to obtain satisfaction of the judgment, the following presumptions exist with respect to the party against whom the judgment was entered:
(1)  that the defendant is insolvent or in danger of becoming insolvent;  and
(2)  that the defendant's property is in danger of being lost, removed, or otherwise exempted from collection on the judgment;  and
(3)  that the prevailing party will be materially injured unless a receiver is appointed over the defendant's business;  and
(4)  that there is no adequate remedy other than receivership available to the prevailing party.
(b)  Subject to the provisions of Subsection (a) of this section, a prevailing party may move that the defendant show cause why a receiver should not be appointed.  Upon adequate notice and hearing, the court shall appoint a receiver over the defendant's business unless the defendant proves that all of the presumptions set forth in Subsection (a) of this section are not applicable.
(c)  The order appointing a receiver must clearly state whether the receiver will have general power to manage and operate the defendant's business or have power to manage only a defendant's finances.  The order shall limit the duration of the receivership to such time as the judgment or judgments awarded under this subchapter are paid in full.  Where there are judgments against a defendant which have been awarded to more than one plaintiff, the court shall have discretion to take any action necessary to efficiently operate a receivership in order to accomplish the purpose of collecting the judgments.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1977, 65th Leg., p. 604, ch. 216, Sec. 9, eff. May 23, 1977.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.60. Reports and Examinations

Sec. 17.60.  REPORTS AND EXAMINATIONS.  Whenever the consumer protection division has reason to believe that a person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this subchapter, or when it reasonably believes it to be in the public interest to conduct an investigation to ascertain whether any person is engaging in, has engaged in, or is about to engage in any such act or practice, an authorized member of the division may:
(1)  require the person to file on the prescribed forms a statement or report in writing, under oath or otherwise, as to all the facts and circumstances concerning the alleged violation and such other data and information as the consumer protection division deems necessary;
(2)  examine under oath any person in connection with this alleged violation;
(3)  examine any merchandise or sample of merchandise deemed necessary and proper;  and
(4)  pursuant to an order of the appropriate court, impound any sample of merchandise that is produced in accordance with this subchapter and retain it in the possession of the division until the completion of all proceedings in connection with which the merchandise is produced.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1989, 71st Leg., ch. 1082, Sec. 8.02, eff. Jan. 1, 1991;  Acts 1991, 72nd Leg., ch. 242, Sec. 11.19, eff. Sept. 1, 1991.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.62. Penalties

Sec. 17.62.  PENALTIES.  (a)  Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with Section 17.60 or 17.61 of this subchapter, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material or merchandise or sample of merchandise is guilty of a misdemeanor and on conviction is punishable by a fine of not more than $5,000 or by confinement in the county jail for not more than one year, or both.
(b)  If a person fails to comply with a directive of the consumer protection division under Section 17.60 of this subchapter or with a civil investigative demand for documentary material served on him under Section 17.61 of this subchapter, or if satisfactory copying or reproduction of the material cannot be done and the person refuses to surrender the material, the consumer protection division may file in the district court in the county in which the person resides, is found, or transacts business, and serve on the person, a petition for an order of the court for enforcement of Sections 17.60 and 17.61 of this subchapter.  If the person transacts business in more than one county, the petition shall be filed in the county in which the person maintains his principal place of business, or in another county agreed on by the parties to the petition.
(c)  When a petition is filed in the district court in any county under this section, the court shall have jurisdiction to hear and determine the matter presented and to enter any order required to carry into effect the provisions of Sections 17.60 and 17.61 of this subchapter.  Any final order entered is subject to appeal to the Texas Supreme Court.  Failure to comply with any final order entered under this section is punishable by contempt.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.
Sec. 17.63.  APPLICATION.  The provisions of this subchapter apply only to acts or practices occurring after the effective date of this subchapter, except a right of action or power granted to the attorney general under Chapter 10, Title 79, Revised Civil Statutes of Texas, 1925, as amended, prior to the effective date of this subchapter.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.81. Definition

Sec. 17.81.  DEFINITION.  In this chapter "going out of business sale" means an offer to sell to the public, or the sale to the public of, goods, wares, and merchandise on the implied or direct representation by written or oral advertising that the sale is in anticipation of the termination of all of the operations of a business at all of its locations in a county and in all of the counties immediately adjacent to that county.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.82. Prohibited Conduct

Sec. 17.82.  PROHIBITED CONDUCT.  (a)  A person may not conduct a sale advertised with the phrase "going out of business," "closing out," "shutting doors forever," or "bankruptcy sale";  the word "foreclosure" or "bankruptcy";  or a similar phrase or word indicating that an enterprise is ceasing business unless the business is closing all of its operations in a county and in all of the counties immediately adjacent to that county and follows the procedures required by this subchapter.
(b)  A person may not fraudulently represent that the person is conducting a going out of business sale.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.83. Original Inventory

Sec. 17.83.  ORIGINAL INVENTORY.  (a)  To conduct a going out of business sale, a person must file an original inventory with the chief appraiser of the appraisal district in which the person's principal place of business in the state is located.  The original inventory must be accompanied by a filing fee of $20.
(b)  The original inventory must include:
(1)  the name and address of the owner of the goods, wares, or merchandise to be sold;
(2)  the name and address of the owner of the defunct business, the former stock in trade of which is to be offered for sale, and the full name of the defunct business;
(3)  a description of the place where the liquidation sale is to be held;
(4)  a statement of the beginning and ending dates of the sale;
(5)  a complete and detailed inventory of the goods, wares, and merchandise to be offered on the beginning date of the sale and the total cost of those items;  and
(6)  a complete and detailed list of the goods, wares, and merchandise to be added to the inventory after the beginning date of the sale and the total cost of those items.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 291, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.835. Notice of Filing of Original Inventory

Sec. 17.835.  NOTICE OF FILING OF ORIGINAL INVENTORY.  Not later than the fifth business day after the date on which a person files an original inventory under Section 17.83, the chief appraiser shall send notice of the filing to the comptroller, the county clerk of the county in which the person's principal place of business in the state is located, and the tax collector for each of the taxing units that tax the property described in the original inventory.
Added by Acts 2001, 77th Leg., ch. 291, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.84. Permit

Sec. 17.84.  PERMIT.  (a)  After receiving an original inventory, the chief appraiser shall issue to the applicant a permit for a going out of business sale.  The permit is valid for 120 days after the day that it is issued and is not renewable.
(b)  The permit holder must post the permit in a conspicuous place at the location of the going out of business sale.
(c)  Before advertising a going out of business sale, the permit holder shall deliver a copy of the permit to the person publishing or broadcasting the advertisement.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 291, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.85. Deadline for Orders

Sec. 17.85.  DEADLINE FOR ORDERS.  A person may not sell an item at a going out of business sale if the person ordered the item after the beginning date of the sale.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.86. Sale Inventory

Sec. 17.86.  SALE INVENTORY.  Before the end of each 30-day period during the going out of business sale the permit holder shall file with the chief appraiser a sale inventory containing a complete and detailed list of the goods, wares, and merchandise listed in the original inventory that have not been sold before the date that the sale inventory is filed.  A sale inventory must list items offered on the beginning date of the sale separately from the items added to the sale inventory after that date.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 291, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.87. Final Inventory

Sec. 17.87.  FINAL INVENTORY.  Within 30 days after the day that the going out of business sale ends, the permit holder shall file with the chief appraiser a final inventory.  The final inventory must include:
(1)  the name and address of the permit holder;
(2)  a statement of the disposition of the items listed in the original inventory that were not sold during the going out of business sale and the name and address of any person purchasing those items after the ending date of the sale;  and
(3)  a description of the place where the sale was held.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 291, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.88. Disposition of Sale Items

Sec. 17.88.  DISPOSITION OF SALE ITEMS.  After a permit expires, the permit holder may not sell at retail an item offered at the sale covered by the permit.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.89. Later Sales

Sec. 17.89.  LATER SALES.  A person may not conduct a going out of business sale beginning within two years after the ending date of the most recent going out of business sale conducted by the person.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.90. Form of Inventory

Sec. 17.90.  FORM OF INVENTORY.  An inventory filed under this subchapter must be in the form of a sworn affidavit.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.91. Exceptions

Sec. 17.91.  EXCEPTIONS.  This subchapter does not apply to:
(1)  a sale conducted by a public officer as part of the officer's official duties;
(2)  a sale for which an accounting must be made to a court of law;
(3)  a sale conducted pursuant to an order of a court;  or
(4)  a foreclosure sale pursuant to a deed of trust or other lien.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.92. Penalty

Sec. 17.92.  PENALTY.  (a)  A person commits an offense if the person:
(1)  conducts a sale in violation of Section 17.82 of this code;
(2)  conducts a going out of business sale without a valid permit issued under Section 17.84 of this code;
(3)  sells an item at a going out of business sale in violation of Section 17.85 of this code;
(4)  fails to file an inventory required by Section 17.86 or 17.87 of this code;  or
(5)  sells an item at retail in violation of Section 17.88 of this code.
(b)  An offense under this section is a Class A misdemeanor.
(c)  Each day of violation constitutes a separate offense.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter F. Going Out of Business Sales › Section 17.93. Injunction

Sec. 17.93.  INJUNCTION.  The attorney general may bring an action to enjoin a violation of this subchapter.
Added by Acts 1985, 69th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter G. Labeling, Advertising, and Sale of Kosher Foods › Section 17.821. Definitions

Sec. 17.821.  DEFINITIONS.  In this chapter:
(1)  "Kosher food" means food prepared and served in conformity with orthodox Jewish religious requirements.
(2)  "Label" means a display of written, printed, or graphic matter on the immediate article or container of any food product.
(3)  "Person" includes an individual, corporation, or association.
(4)  "Restaurant" means a place where food is sold for on-premises consumption.
(5)  "Retail store" means any retail grocery store, delicatessen, butcher shop, or other place where food is sold for off-premises consumption.
(6)  "Sell" means to offer for sale, expose for sale, have in possession for sale, convey, exchange, barter, or trade.
Added by Acts 1985, 69th Leg., ch. 117, Sec. 8(a), eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter G. Labeling, Advertising, and Sale of Kosher Foods › Section 17.822. Meat Labeling

Sec. 17.822.  MEAT LABELING.  (a)  If a person sells both kosher meat and nonkosher meat in the same retail store, the person shall clearly label each portion of kosher meat with the word "kosher."  If unwrapped or unpackaged meat products are displayed for sale, the display case or container in which the meat is displayed must be clearly labeled with the word "kosher" or "nonkosher," as applicable.
(b)  A person commits an offense if the person is required to label meat in accordance with this section and the person knowingly sells meat that is not labeled as provided in this section.
Added by Acts 1985, 69th Leg., ch. 117, Sec. 8(a), eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter G. Labeling, Advertising, and Sale of Kosher Foods › Section 17.823. Sale of Nonkosher Food

Sec. 17.823.  SALE OF NONKOSHER FOOD.  A person commits an offense if the person knowingly or intentionally sells at a restaurant or a retail store a food product that is represented as kosher food and is not kosher food and the person either knows the food is not kosher food or was reckless about determining whether or not the food is kosher food.
Added by Acts 1985, 69th Leg., ch. 117, Sec. 8(a), eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter G. Labeling, Advertising, and Sale of Kosher Foods › Section 17.824. Exception

Sec. 17.824.  EXCEPTION.  It is an exception to the application of Subsection (b) of Section 17.822 or Section 17.823 of this code that a person describes or labels food as "kosher-style," and, if the description is written, the words "kosher" and "style" are of the same size type or script.
Added by Acts 1985, 69th Leg., ch. 117, Sec. 8(a), eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter G. Labeling, Advertising, and Sale of Kosher Foods › Section 17.825. Civil Remedy

Sec. 17.825.  CIVIL REMEDY.  A consumer aggrieved by a violation of this chapter may maintain a cause of action for damages in accordance with Section 17.50 of this code.
Added by Acts 1985, 69th Leg., ch. 117, Sec. 8(a), eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter G. Labeling, Advertising, and Sale of Kosher Foods › Section 17.826. Penalty

Sec. 17.826.  PENALTY.  An offense under this chapter is punishable by the fine imposed for an offense under Subsection (d) of Section 17.12 of this code.
Added by Acts 1985, 69th Leg., ch. 117, Sec. 8(a), eff. Sept. 1, 1985.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter H. Sale of Indian Articles › Section 17.851. Definitions

Sec. 17.851.  DEFINITIONS.  In this subchapter:
(1)  "American Indian" or "Indian" means an individual who is an enrolled member of a federally or state recognized American Indian tribe, band, nation, rancheria, or pueblo or who is an Alaska Native and a member of an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. Sec. 1601 et seq.).
(2)  "Authentic Indian arts and crafts" means any product that:
(A)  is Indian handcrafted;  and
(B)  is not made by machine or from unnatural materials, except stabilized or treated turquoise.
(3)  "Nonauthentic Indian arts and crafts" means any product that is made to imitate or resemble authentic Indian arts and crafts and that:
(A)  is not Indian handcrafted;  or
(B)  is made by machine or from unnatural materials, except stabilized or treated turquoise.
(4)  "Indian handcrafted" means the skillful and expert use of the hands in making products solely by Indians within the United States, including the use of findings and hand tools and equipment for buffing, polishing, grinding, drilling, or sewing.
(5)  "Made by machine" means the producing or reproducing of a product in mass production by mechanically stamping, casting, blanking, or weaving.
(6)  "Findings" means an ingredient that adapts the product of which it is a part for wearing or display, including ceramic, glass, or silver beads, leather backing, binding material, bolo tie clips, tie bar clips, tie tac pins, earring pins, earring clips, earring screw backs, cuff link toggles, money clips, pin stems, combs, and chains.
(7)  "Turquoise" means a hydrous copper sulphate containing aluminum salts plus iron.
(8)  "Natural turquoise" means turquoise, exclusive of any backing material, the composition of which has not been chemically or otherwise altered.
(9)  "Stabilized turquoise" means turquoise, excluding any backing material, that has been chemically hardened, but not adulterated so as to change the color of the natural mineral.
(10)  "Treated turquoise" means turquoise, excluding any backing material, that has been altered to produce a change in the coloration of the natural mineral.
(11)  "Simulated turquoise" means:
(A)  reconstituted turquoise, which is turquoise dust or particles that are mixed with plastic resins and are compressed into a solid form so as to resemble natural turquoise;  or
(B)  imitation turquoise, which is any compound or mineral that is manufactured or treated so as to closely approximate turquoise in appearance.
Added by Acts 1989, 71st Leg., ch. 897, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter H. Sale of Indian Articles › Section 17.852. Inquiry as to Producer

Sec. 17.852.  INQUIRY AS TO PRODUCER.  (a)  Each person selling or offering for sale authentic or nonauthentic Indian arts and crafts shall request the suppliers of those arts and crafts to disclose the methods used in producing those arts and crafts and to determine whether those arts and crafts are in fact authentic Indian arts and crafts.
(b)  Each person selling or offering for sale turquoise shall request the suppliers of the turquoise to disclose the true nature of the turquoise.
Added by Acts 1989, 71st Leg., ch. 897, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter H. Sale of Indian Articles › Section 17.853. Unlawful Acts

Sec. 17.853.  UNLAWFUL ACTS.  A person may not:
(1)  sell or offer for sale a product represented to be authentic Indian arts and crafts unless the product is in fact authentic Indian arts and crafts;
(2)  sell or offer for sale any authentic Indian arts and crafts or nonauthentic Indian arts and crafts represented to be made of silver unless the product is made of coin silver or sterling silver;
(3)  sell or offer for sale a product that is nonauthentic Indian arts and crafts unless the product is clearly labeled as to any characteristics that make it nonauthentic;
(4)  sell or offer for sale any turquoise, mounted or unmounted, without a disclosure of the true nature of the turquoise;  or
(5)  sell or offer for sale art represented to be by an American Indian unless it is in fact produced by an American Indian.
Added by Acts 1989, 71st Leg., ch. 897, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter H. Sale of Indian Articles › Section 17.854. Penalty

Sec. 17.854.  PENALTY.  A person who violates this subchapter commits an offense.  An offense under this section is a Class B misdemeanor.
Added by Acts 1989, 71st Leg., ch. 897, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter I. Labeling, Advertising, and Sale of Halal Foods › Section 17.881. Definitions

Sec. 17.881.  DEFINITIONS.  In this subchapter:
(1)  "Halal," as applied to food, means food prepared and served in conformity with Islamic religious requirements according to a recognized Islamic authority.
(2)  "Label" means a display of written, printed, or graphic matter on the immediate article or container of any food product.
(3)  "Person" includes an individual, corporation, or association.
(4)  "Restaurant" means a place where food is sold for on-premises consumption.
(5)  "Retail store" means a retail grocery store, delicatessen, butcher shop, or other place where food is sold for off-premises consumption.
(6)  "Sell" means to offer for sale, expose for sale, have in possession for sale, convey, exchange, barter, or trade.
Added by Acts 2003, 78th Leg., ch. 1013, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter I. Labeling, Advertising, and Sale of Halal Foods › Section 17.882. Meat Labeling

Sec. 17.882.  MEAT LABELING.  (a)  If a person sells both halal meat and nonhalal meat in the same retail store, the person shall clearly label each portion of halal meat with the word "halal."  If an unwrapped or unpackaged meat product is displayed for sale, the display case or container in which the meat is displayed must be clearly labeled with the word "halal" or "nonhalal," as applicable.
(b)  A person commits an offense if the person is required to label meat in accordance with this section and the person knowingly sells meat that is not labeled as provided in this section.
Added by Acts 2003, 78th Leg., ch. 1013, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter I. Labeling, Advertising, and Sale of Halal Foods › Section 17.883. Sale of Nonhalal Food

Sec. 17.883.  SALE OF NONHALAL FOOD.  A person commits an offense if the person knowingly or intentionally sells at a restaurant or a retail store a food product that is represented as halal food and is not halal food and the person either knows the food is not halal food or was reckless about determining whether or not the food is halal food.
Added by Acts 2003, 78th Leg., ch. 1013, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter I. Labeling, Advertising, and Sale of Halal Foods › Section 17.884. Civil Remedy

Sec. 17.884.  CIVIL REMEDY.  A consumer aggrieved by a violation of this subchapter may maintain a cause of action for damages in accordance with Section 17.50.
Added by Acts 2003, 78th Leg., ch. 1013, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter I. Labeling, Advertising, and Sale of Halal Foods › Section 17.885. Criminal Penalty

Sec. 17.885.  CRIMINAL PENALTY.  An offense under this subchapter is punishable by the fine imposed for an offense under Section 17.12(d).
Added by Acts 2003, 78th Leg., ch. 1013, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter J. Protection From Misleading or Deceptive Live Musical Performances › Section 17.901. Definitions

Sec. 17.901.  DEFINITIONS.  In this subchapter:
(1)  "Performing musical group" means a vocal or instrumental group seeking to engage in a live musical performance.
(2)  "Recording group" means a vocal or instrumental group of which one or more members:
(A)  has released a sound recording under that group's name for commercial purposes; and
(B)  has a legal right to use or operate under the group's name without abandoning the name or affiliation with the group.
(3)  "Sound recording" means musical, spoken, or other sounds recorded on a tangible medium, including a disc, tape, or  phonograph record.
Added by Acts 2007, 80th Leg., R.S., Ch. 595 (H.B. 54), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter J. Protection From Misleading or Deceptive Live Musical Performances › Section 17.902. Unauthorized Advertisement, Promotion, or Conduction of Certain Live Musical Performances

Sec. 17.902.  UNAUTHORIZED ADVERTISEMENT, PROMOTION, OR CONDUCTION OF CERTAIN LIVE MUSICAL PERFORMANCES.  A person may not advertise, promote, or conduct a live musical performance in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a recording group and a performing musical group. An act is not considered a violation of this section if:
(1)  the performing musical group is the authorized registrant and owner of a federal service mark for the recording group that is registered in the United States Patent and Trademark Office;
(2)  at least one member of the performing musical group is or was a member of the recording group and that member has a legal right to use or operate under the name of the recording group without abandoning the name or affiliation with the recording group;
(3)  the live musical performance is identified in all advertisements or other promotions for the event as being conducted as a "salute" or "tribute" to the recording group;
(4)  the advertisement or promotion relates to a live musical performance that is to take place outside of this state; or
(5)  the live musical performance is expressly authorized by each member of the recording group.
Added by Acts 2007, 80th Leg., R.S., Ch. 595 (H.B. 54), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter J. Protection From Misleading or Deceptive Live Musical Performances › Section 17.903. Injunction; Restitution

Sec. 17.903.  INJUNCTION; RESTITUTION.  (a)  If the attorney general has reason to believe that a person is engaging in, has engaged in, or is about to engage in an act or practice that violates Section 17.902, and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against the person to restrain that act or practice by temporary or permanent injunction.
(b)  The prosecuting attorney in the county in which a violation of Section 17.902 occurs, with prior written notice to the attorney general, may institute and prosecute an action seeking injunctive relief under this section. The prosecuting attorney shall make a full report to the attorney general regarding any action prosecuted by the prosecuting attorney under this subsection.  The report must include a statement regarding the final disposition of the matter.
(c)  When a court issues a permanent injunction to restrain and prevent a violation of Section 17.902, the court may make  additional orders or judgments as necessary to restore money or other property that may have been acquired because of a violation of this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 595 (H.B. 54), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter J. Protection From Misleading or Deceptive Live Musical Performances › Section 17.904. Civil Penalty

Sec. 17.904.  CIVIL PENALTY.  (a)  A person who violates Section 17.902 is liable to the state for a civil penalty of not less than $5,000 or more than $15,000 for each violation.  Each performance that violates Section 17.902 constitutes a separate violation.
(b)  The attorney general or the prosecuting attorney in the county in which a violation occurs may bring suit to recover the civil penalty imposed under Subsection (a).
(c)  The civil penalty provided by this section is in addition to injunctive relief or any other remedy that may be granted under Section 17.903.
Added by Acts 2007, 80th Leg., R.S., Ch. 595 (H.B. 54), Sec. 1, eff. September 1, 2007.