reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter B. Applicability of Chapter › Section 622.058. Certain Recreational Events

Sec. 622.058.  CERTAIN RECREATIONAL EVENTS.  This chapter does not apply to a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter B. Applicability of Chapter › Section 622.059. Certain Food Products

Sec. 622.059.  CERTAIN FOOD PRODUCTS.  This chapter does not apply to a sweepstakes promoting one or more food products regulated by the United States Food and Drug Administration or the United States Department of Agriculture.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter B. Applicability of Chapter › Section 622.060. Audiovisual Entertainment Work, Product, or Sound Recording

Sec. 622.060.  AUDIOVISUAL ENTERTAINMENT WORK, PRODUCT, OR SOUND RECORDING.  This chapter does not apply to a company if 75 percent or more of the company's business is:
(1)  the systematic development, planning, and execution of creating audiovisual entertainment works, products, or sound recordings; and
(2)  the distribution, sale, and marketing of those works, products, or recordings.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Sec. 622.061.  CABLE SYSTEM.  This chapter does not apply to a company that owns or operates a cable system, as defined by 47 U.S.C. Section 522, as amended.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter C. Prohibited Acts or Conduct › Section 622.101. Connecting Sweepstakes Entry or Operation to Order or Purchase

Sec. 622.101.  CONNECTING SWEEPSTAKES ENTRY OR OPERATION TO ORDER OR PURCHASE.  (a)  A person conducting a sweepstakes may not use a mechanism for entering the sweepstakes that:
(1)  has any connection to ordering or purchasing a good or service;
(2)  is not identical for all individuals entering the sweepstakes; and
(3)  does not have printed on the entry form, in a font size at least as large as the largest font size used on the entry form, the following language:  "Buying Will Not Help You Win. Your chances of winning without making a purchase are the same as the chances of someone who purchases something.  It is illegal to give any advantage to buyers in a sweepstakes."
(b)  A person conducting a sweepstakes may not:
(1)  require an individual to order, purchase, or promise to purchase a good or service to enter the sweepstakes;
(2)  automatically enter an individual in the sweepstakes because the individual ordered, purchased, or promised to order or purchase a good or service; or
(3)  solicit business using an order form or purchasing mechanism that has any role in the operation of the sweepstakes.
(c)  Subsections (a)(1) and (b)(3) do not apply to a single sheet of paper that contains both a sweepstakes entry form and an order form if:
(1)  the order form is perforated or detachable; and
(2)  the entry form must be separated from the order form and returned to a different address than the order form.
(d)  Subsections (a) and (b)(2) and (3) do not apply to a sweepstakes offered to promote a credit card or debit card if the official rules of the sweepstakes provide that consumers are entered in the sweepstakes based on the number of purchases made or the amount of money spent.  The exception provided by this subsection applies only to a person offering a sweepstakes who qualified as an issuer as of January 1, 2001.
(e)  Subsections (a) and (b)(2) and (3) do not apply to a company offering a sweepstakes in which the consumer must go to a physical location to obtain or use the goods or services being sold by the company.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter C. Prohibited Acts or Conduct › Section 622.102. Using Multiple Sweepstakes Entry Addresses or Multiple Purposes for Address

Sec. 622.102.  USING MULTIPLE SWEEPSTAKES ENTRY ADDRESSES OR MULTIPLE PURPOSES FOR ADDRESS.  A person conducting a sweepstakes who provides for entering the sweepstakes by mail may not:
(1)  accept entries at more than one address; or
(2)  use the address for entry in the sweepstakes for any other purpose.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter C. Prohibited Acts or Conduct › Section 622.103. Allowing Choice of Prize or Indication of Preferred Prize Characteristics

Sec. 622.103.  ALLOWING CHOICE OF PRIZE OR INDICATION OF PREFERRED PRIZE CHARACTERISTICS.  A person conducting a sweepstakes may not:
(1)  solicit an individual to enter the sweepstakes by invitation or other opportunity; and
(2)  allow the individual to choose, or indicate the preferred characteristics of, a prize to be awarded in the sweepstakes unless the choice or indication:
(A)  is made on the sweepstakes entry form; and
(B)  does not appear on, and is not in any way connected to, an order form or other purchasing mechanism.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter C. Prohibited Acts or Conduct › Section 622.104. Sending Sweepstakes Material That Includes Certain Statements or Implications

Sec. 622.104.  SENDING SWEEPSTAKES MATERIAL THAT INCLUDES CERTAIN STATEMENTS OR IMPLICATIONS.  A person conducting a sweepstakes may not send material accompanying or relating to the sweepstakes or an offer to enter the sweepstakes that:
(1)  states or implies that:
(A)  an individual must comply with a restriction or condition to enter the sweepstakes, unless all individuals entering the sweepstakes are required to comply with the identical restriction or condition;
(B)  an individual's chances of winning a prize in the sweepstakes are higher, lower, or different in any way because of a factor or circumstance that does not relate to the manner in which a winner is selected;
(C)  a winner will be selected at a time or place or in a manner that is different from the actual time or place at which or manner in which a winner is selected;
(D)  an individual who orders or purchases a good or service will receive a benefit or be treated differently in the sweepstakes in comparison to an individual who does not order or purchase a good or service; or
(E)  an individual who does not order or purchase a good or service will be disadvantaged or treated differently in the sweepstakes in comparison to an individual who orders or purchases a good or service;
(2)  states or implies falsely that the individual receiving the material has received special treatment or personal attention from the offeror of the sweepstakes or any officer, employee, or agent of the offeror; or
(3)  states that the recipient of the material:
(A)  is a winner, if the recipient is not a winner;
(B)  may be a winner;
(C)  will be a winner if certain conditions are met or certain events occur;
(D)  may be or will be among the group from which a winner will be selected;  or
(E)  has in any way a better chance than another individual of being chosen as a winner.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter C. Prohibited Acts or Conduct › Section 622.105. Using Game Piece to Convey Information or Offer to Enter

Sec. 622.105.  USING GAME PIECE TO CONVEY INFORMATION OR OFFER TO ENTER.  A person conducting a sweepstakes may not convey information about the sweepstakes or an offer to enter the sweepstakes by using a scratch-off device or any other game piece that suggests an element of chance or luck.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter C. Prohibited Acts or Conduct › Section 622.106. Publishing Advertisements or Rules With Inconsistent or Incomplete Prize Descriptions

Sec. 622.106.  PUBLISHING ADVERTISEMENTS OR RULES WITH INCONSISTENT OR INCOMPLETE PRIZE DESCRIPTIONS.  A person conducting a sweepstakes may not publish or cause to be published:
(1)  different advertisements for the same sweepstakes that contain inconsistent descriptions of the grand prize to be awarded through the sweepstakes; or
(2)  official rules of the sweepstakes that do not uniquely identify the prizes to be awarded and the date the prizes will be awarded.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter C. Prohibited Acts or Conduct › Section 622.107. Engaging in Conduct That Falsely Indicates an Individual Has Won

Sec. 622.107.  ENGAGING IN CONDUCT THAT FALSELY INDICATES AN INDIVIDUAL HAS WON.  A person conducting a sweepstakes may not:
(1)  ask an individual to provide any information or take any action consistent with the individual winning a sweepstakes prize, unless the individual has won a sweepstakes prize; or
(2)  provide an individual who has not yet won a sweepstakes prize with a document or other item that simulates an event, circumstance, or condition connected with being a sweepstakes winner.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter C. Prohibited Acts or Conduct › Section 622.108. Awarding Multiple Prizes

Sec. 622.108.  AWARDING MULTIPLE PRIZES.  A person conducting a sweepstakes may not  award multiple prizes in the sweepstakes unless all prizes are awarded on the same date and through the same selection process.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter C. Prohibited Acts or Conduct › Section 622.109. Mailing Certain Offers During Period Following Sweepstakes

Sec. 622.109.  MAILING CERTAIN OFFERS DURING PERIOD FOLLOWING SWEEPSTAKES.  A person conducting a sweepstakes may not, during the 30-day period immediately following the last date on which the person conducted the sweepstakes through the mail, offer through the mail:
(1)  an opportunity to enter a sweepstakes; or
(2)  a nonsweepstakes prize, gift, premium, giveaway, or skill contest.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter C. Prohibited Acts or Conduct › Section 622.110. Providing Names or Addresses Used in Prohibited Sweepstakes

Sec. 622.110.  PROVIDING NAMES OR ADDRESSES USED IN PROHIBITED SWEEPSTAKES.  A person may not provide names or addresses of residents of this state that are used in conducting a sweepstakes that the person knows violates this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter D. Acts or Conduct Not Prohibited › Section 622.151. Description of Method of Choosing Winner

Sec. 622.151.  DESCRIPTION OF METHOD OF CHOOSING WINNER.  This chapter does not prohibit a sweepstakes sponsor from describing in the official sweepstakes rules the method to be used in choosing a winner.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter D. Acts or Conduct Not Prohibited › Section 622.152. Notification of and Affidavit From Winner

Sec. 622.152.  NOTIFICATION OF AND AFFIDAVIT FROM WINNER.  This chapter does not prohibit a sweepstakes sponsor, after a winner has been chosen, from:
(1)  notifying an individual chosen as a winner; or
(2)  obtaining from an individual chosen as a winner an affidavit to verify that the individual:
(A)  is eligible to win the prize; and
(B)  has complied with the sweepstakes rules.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter E. Enforcement › Section 622.201. Action by Attorney General; Venue

Sec. 622.201.  ACTION BY ATTORNEY GENERAL; VENUE.  The attorney general may bring an action under this chapter by filing suit in a district court in Travis County or in any county in which a violation occurred.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter E. Enforcement › Section 622.202. Civil Penalty

Sec. 622.202.  CIVIL PENALTY.  (a)  The court shall award the attorney general a civil penalty of not less than $5,000 or more than $50,000 for each violation found.
(b)  If the material accompanying or relating to a sweepstakes or an offer to enter a sweepstakes contains multiple statements, implications, representations, or offers that are prohibited by this chapter, each statement, implication, representation, or offer is a separate violation and results in a separate civil penalty.  Each individual who receives the material constitutes an additional and separate group of violations of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter E. Enforcement › Section 622.203. Liability for Providing Names or Addresses Used in Prohibited Sweepstakes

Sec. 622.203.  LIABILITY FOR PROVIDING NAMES OR ADDRESSES USED IN PROHIBITED SWEEPSTAKES.  (a)  A person who violates Section 622.110 is liable for the cumulative civil penalties that result from the person's conduct.
(b)  Liability of a person under Subsection (a) does not reduce the liability of the person who conducted the sweepstakes.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter E. Enforcement › Section 622.204. Injunctive and Other Relief

Sec. 622.204.  INJUNCTIVE AND OTHER RELIEF.  The court may also award injunctive relief or other equitable or ancillary relief that is reasonably necessary to prevent violations of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter E. Enforcement › Section 622.205. No Private Right of Action

Sec. 622.205.  NO PRIVATE RIGHT OF ACTION.  This chapter does not create a private right of action.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 13 - Contests and Other Promotions › Chapter 622 - Sweepstakes › Subchapter E. Enforcement › Section 622.206. Recovery of Expenses by Attorney General

Sec. 622.206.  RECOVERY OF EXPENSES BY ATTORNEY GENERAL.  If the attorney general substantially prevails, the court shall award the attorney general reasonable expenses incurred in recovering a civil penalty under this subchapter, including court costs, reasonable attorney's fees, reasonable investigative costs, witness fees, and deposition expenses.
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 14 - Recordings › Chapter 641 - Unauthorized Recordings › Subchapter A. General Provisions › Section 641.001. Definitions

Sec. 641.001.  DEFINITIONS.  In this chapter:
(1)  "Fix" means to embody in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.
(2)  "Live performance" means a recitation, rendering, or playing of a series, in an audible sequence, of:
(A)  images;
(B)  musical, spoken, or other sounds; or
(C)  a combination of images and sounds.
(3)  "Owner" means a person who owns the sounds fixed in a master phonograph record, master disc, master tape, master film, or other recording:
(A)  on which sound is recorded; and
(B)  from which the transferred recorded sounds are directly or indirectly derived.
(4)  "Recording" means a tangible medium on which sounds, images, or both are recorded or otherwise stored, including:
(A)  an original phonograph record, disc, tape, audio or video cassette, wire, film, memory card, flash drive, hard drive, data storage device, or other medium now existing or later developed; or
(B)  a copy or reproduction that wholly or partly duplicates the original.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 913 (S.B. 1343), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 14 - Recordings › Chapter 641 - Unauthorized Recordings › Subchapter B. Prohibited Practices; Penalties › Section 641.051. Unauthorized Duplication of Certain Recordings

Sec. 641.051.  UNAUTHORIZED DUPLICATION OF CERTAIN RECORDINGS.  (a)  This section applies only to a recording that was initially fixed before February 15, 1972.
(b)  A person commits an offense if the person:
(1)  knowingly reproduces for sale or causes to be transferred any recording with intent to sell the recording or cause the recording to be sold or use a recording or cause the recording to be used for commercial advantage or private financial gain through public performance without the consent of the owner;
(2)  with the knowledge that the sounds on a recording have been reproduced or transferred without the consent of the owner, transports the recording within this state for commercial advantage or private financial gain; or
(3)  with the knowledge that a recording has been reproduced or transferred without the consent of the owner:
(A)  advertises, offers for sale, sells, or rents the recording;
(B)  causes the sale, resale, or rental of the recording; or
(C)  possesses the recording for a purpose described by Paragraph (A) or (B).
(c)  An offense under this section is punishable by:
(1)  imprisonment for a term of not more than five years, a fine not to exceed $250,000, or both, if:
(A)  the offense involves at least 1,000 unauthorized recordings during a 180-day period; or
(B)  the defendant has been previously convicted under this section;
(2)  imprisonment for a term of not more than two years, a fine not to exceed $250,000, or both, if the offense involves more than 100 but fewer than 1,000 unauthorized recordings during a 180-day period; or
(3)  confinement in the county jail for a term of not more than one year, a fine not to exceed $25,000, or both, if the offense is not otherwise punishable under Subdivision (1) or (2).
(d)  This section does not apply to any fees due to the American Society of Composers, Authors and Publishers.
(e)  This section does not apply to a person engaged in radio or television broadcasting who transfers, or causes to be transferred, a recording:
(1)  intended for or in connection with a radio or television broadcast; or
(2)  for archival purposes.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 285 (H.B. 1043), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 14 - Recordings › Chapter 641 - Unauthorized Recordings › Subchapter B. Prohibited Practices; Penalties › Section 641.052. Unauthorized Recording of Live Performance

Sec. 641.052.  UNAUTHORIZED RECORDING OF LIVE PERFORMANCE.  (a)  A person commits an offense if the person, with the knowledge that a live performance has been recorded or fixed without the consent of the owner:
(1)  for commercial advantage or private financial gain, advertises, offers for sale, sells, rents, or transports, causes the sale, resale, rental, or transportation of, or possesses for one or more of these purposes a recording containing sounds of the live performance; or
(2)  with the intent to sell for commercial advantage or private financial gain, records or fixes the live performance, or causes the live performance to be recorded or fixed on a recording.
(b)  An offense under this section is punishable by:
(1)  imprisonment for a term of not more than five years, a fine not to exceed $250,000, or both, if:
(A)  the offense involves at least 1,000 unauthorized recordings embodying sound or at least 65 unauthorized audiovisual recordings during a 180-day period; or
(B)  the defendant has been previously convicted under this section;
(2)  imprisonment for a term of not more than two years, a fine not to exceed $250,000, or both, if the offense involves more than 100 but fewer than 1,000 unauthorized recordings embodying sound or more than seven but fewer than 65 unauthorized audiovisual recordings during a 180-day period; or
(3)  confinement in the county jail for a term of not more than one year, a fine not to exceed $25,000, or both, if the offense is not otherwise punishable under Subdivision (1) or (2).
(c)  In the absence of a written agreement or law to the contrary, the performer or performers of a live performance are presumed to own the rights to record or fix those sounds.
(d)  For purposes of this section, a person authorized to maintain custody and control over business records that reflect whether the owner of a live performance consented to having the live performance recorded or fixed is a proper witness in a proceeding regarding the issue of consent.  A witness called under this subsection is subject to the rules of evidence relating to the competency of a witness to testify and the relevance and admissibility of the testimony offered.
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 14 - Recordings › Chapter 641 - Unauthorized Recordings › Subchapter B. Prohibited Practices; Penalties › Section 641.053. Unauthorized Operation of Recording Device in Motion Picture Theater

Sec. 641.053.  UNAUTHORIZED OPERATION OF RECORDING DEVICE IN MOTION PICTURE THEATER.  (a)  In this section:
(1)  "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.
(2)  "Motion picture theater" means a movie theater, screening room, or other place primarily used to exhibit a motion picture.
(b)  A person commits an offense if, without the consent of the owner of the theater, the person, with the intent to record a motion picture, knowingly operates the audiovisual recording function of any device in a motion picture theater while the motion picture is being exhibited.
(c)  An offense under this section is a Class A misdemeanor, except that the offense is:
(1)  a state jail felony if the person has been previously convicted one time of an offense under this section; or
(2)  a felony of the third degree if the person has been previously convicted two or more times of an offense under this section.
(d)  It is a defense to prosecution under this section that the audiovisual recording function of the device was operated solely for official law enforcement purposes.
(e)  If conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
(f)  A person who reasonably believes that another has knowingly operated the audiovisual recording function of a device in a motion picture theater in violation of this section is privileged to detain that other person in a reasonable manner and for a reasonable time to allow for the arrival of law enforcement authorities.
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 14 - Recordings › Chapter 641 - Unauthorized Recordings › Subchapter B. Prohibited Practices; Penalties › Section 641.054. Improper Labeling

Sec. 641.054.  IMPROPER LABELING.  (a)  A person commits an offense if:
(1)  for commercial advantage or private financial gain, the person knowingly:
(A)  advertises, offers for sale, sells, rents, or transports a recording;
(B)  causes the sale, resale, rental, or transportation of a recording; or
(C)  possesses a recording for a purpose described by Paragraph (A) or (B); and
(2)  the outside cover, box, or jacket of the recording does not clearly and conspicuously disclose  the actual name and address of the manufacturer.
(b)  An offense under this section is punishable by:
(1)  imprisonment for a term of not more than five years, a fine not to exceed $250,000, or both imprisonment and the fine, if:
(A)  the offense involves 65 or more improperly labeled recordings, or the commercial equivalent thereof, during a 180-day period; or
(B)  the defendant has been previously convicted under this section;
(2)  imprisonment for a term of not more than two years, a fine not to exceed $250,000, or both imprisonment and the fine, if the offense involves more than seven but fewer than 65 improperly labeled recordings, or the commercial equivalent thereof, during a 180-day period; or
(3)  confinement in the county jail for a term of not more than one year, a fine not to exceed $25,000, or both confinement and the fine, if the offense is not otherwise punishable under Subdivision (1) or (2).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 913 (S.B. 1343), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 14 - Recordings › Chapter 641 - Unauthorized Recordings › Subchapter B. Prohibited Practices; Penalties › Section 641.055. Forfeiture

Sec. 641.055.  FORFEITURE.  If a person is convicted of a violation of this chapter, the court in its judgment of conviction shall order the forfeiture and destruction or other disposition of:
(1)  all recordings on which the conviction is based; and
(2)  all devices and equipment used or intended to be used in the manufacture of the recordings on which the conviction is based.
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 14 - Recordings › Chapter 641 - Unauthorized Recordings › Subchapter B. Prohibited Practices; Penalties › Section 641.056. Private Rights and Remedies Not Affected

Sec. 641.056.  PRIVATE RIGHTS AND REMEDIES NOT AFFECTED.  Sections 641.051, 641.052, and 641.054 do not affect the rights and remedies of a party in private litigation.
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 14 - Recordings › Chapter 641 - Unauthorized Recordings › Subchapter B. Prohibited Practices; Penalties › Section 641.057. Penalties Cumulative

Sec. 641.057.  PENALTIES CUMULATIVE.  A penalty provided by this chapter is in addition to any other penalty provided under other law.
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 14 - Recordings › Chapter 642 - Electronic Dissemination of Commercial Recordings or Audiovisual Works › Subchapter A. General Provisions › Section 642.001. Definitions

Sec. 642.001.  DEFINITIONS.  In this chapter:
(1)  "Electronic dissemination" means initiating a transmission of, making available, or otherwise offering a recording or audiovisual work for distribution, display, or performance through the Internet or other digital network.
(2)  "Recording or audiovisual work" means a recording or audiovisual work that consists of substantially all of the recording or work.  The term does not include a recording or audiovisual work that is a short extract from the recording or work.
(3)  "Website" means a set of related web pages served from a single web domain.  The term does not include a home page or channel page for the user account of a person who is not the owner or operator of the website on which the user home page or channel page appears.
Added by Acts 2021, 87th Leg., R.S., Ch. 943 (S.B. 855), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 14 - Recordings › Chapter 642 - Electronic Dissemination of Commercial Recordings or Audiovisual Works › Subchapter A. General Provisions › Section 642.002. Commercial Recording or Audiovisual Work

Sec. 642.002.  COMMERCIAL RECORDING OR AUDIOVISUAL WORK.  For purposes of this chapter, a recording or audiovisual work is considered to be a commercial recording or audiovisual work if the owner, assignee, authorized agent, or licensee of the recording or work disseminates or intends to disseminate the recording or work for sale, rental, or performance or exhibition to the public, including under license, regardless of whether the person who disseminates the recording or work seeks commercial advantage or private financial gain from the dissemination.
Added by Acts 2021, 87th Leg., R.S., Ch. 943 (S.B. 855), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 14 - Recordings › Chapter 642 - Electronic Dissemination of Commercial Recordings or Audiovisual Works › Subchapter A. General Provisions › Section 642.003. Applicability

Sec. 642.003.  APPLICABILITY.  This chapter does not apply to a website operated by a radio or television station licensed by the Federal Communications Commission.
Added by Acts 2021, 87th Leg., R.S., Ch. 943 (S.B. 855), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 14 - Recordings › Chapter 642 - Electronic Dissemination of Commercial Recordings or Audiovisual Works › Subchapter A. General Provisions › Section 642.004. No Financial Liability for Certain Providers

Sec. 642.004.  NO FINANCIAL LIABILITY FOR CERTAIN PROVIDERS.  This chapter does not impose financial liability on providers of an interactive computer service, communications service, commercial mobile service, or information service, including an Internet access service provider, an advertising network or exchange, a domain name registration provider, and a hosting service provider, to the extent that the providers provide the transmission, storage, or caching of electronic communications or messages of others or provide another related telecommunications service, a commercial mobile radio service, or an information service, for use by another person that violates this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 943 (S.B. 855), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 14 - Recordings › Chapter 642 - Electronic Dissemination of Commercial Recordings or Audiovisual Works › Subchapter B. Required Disclosures › Section 642.051. Disclosure of Certain Information Required

Sec. 642.051.  DISCLOSURE OF CERTAIN INFORMATION REQUIRED.  (a)  An owner or operator of a website or online service that deals in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual works, directly or indirectly, and that electronically disseminates those recordings or works to consumers in this state shall clearly and conspicuously disclose on the website or online service in a location that is readily accessible to a consumer using or visiting the website or online service, the owner or operator's true and correct:
(1)  name;
(2)  physical address;
(3)  telephone number; and
(4)  e-mail address.
(b)  For purposes of this section, a location is considered readily accessible on a website or online service if the location is:
(1)  a landing or home web page or screen;
(2)  an "about" or "about us" web page or screen;
(3)  a "contact" or "contact us" web page or screen;
(4)  an informational web page or screen; or
(5)  another place on the website or online service commonly used to display information identifying the owner or operator of the website or online service.
(c)  Subsection (a) applies regardless of whether another person has previously electronically disseminated the same recording or audiovisual work.
Added by Acts 2021, 87th Leg., R.S., Ch. 943 (S.B. 855), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 14 - Recordings › Chapter 642 - Electronic Dissemination of Commercial Recordings or Audiovisual Works › Subchapter C. Enforcement › Section 642.101. Declaratory Judgment or Injunctive Relief

Sec. 642.101.  DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF.  (a)  An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of this chapter may bring a private cause of action against a person who violates or threatens to violate this chapter to obtain:
(1)  a declaratory judgment; and
(2)  permanent or temporary injunctive relief.
(b)  Before filing an action under this section, the aggrieved party must provide notice to the person alleged to be in violation of this chapter that states:
(1)  the person may be in violation of this chapter; and
(2)  that failure to cure the violation before the 14th day after the date of receiving the notice may result in an action being filed against the person under this section.
(c)  After the 14th day after the date the aggrieved party provides notice under Subsection (b), the aggrieved party may bring an action under this section in a court of competent jurisdiction.
(d)  On motion of the party initiating the action, the court may make appropriate orders to compel compliance with this chapter.
(e)  The prevailing party is entitled to recover necessary expenses incurred in an action under this section, including reasonable attorney's fees.
Added by Acts 2021, 87th Leg., R.S., Ch. 943 (S.B. 855), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 14 - Recordings › Chapter 642 - Electronic Dissemination of Commercial Recordings or Audiovisual Works › Subchapter C. Enforcement › Section 642.102. Deceptive Trade Practice; Remedies

Sec. 642.102.  DECEPTIVE TRADE PRACTICE; REMEDIES.  (a)  A violation of this chapter is a false, misleading, or deceptive act or practice as defined by Section 17.46(b).
(b)  The relief provided under this subchapter for a violation of this chapter is in addition to any remedy provided under other federal or state law, including Subchapter E, Chapter 17.
Added by Acts 2021, 87th Leg., R.S., Ch. 943 (S.B. 855), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 15 - Currency and Trade › Subtitle A - Currency › Chapter 661 - European Union Currency Conversion › Section 661.001. Definitions

Sec. 661.001.  DEFINITIONS.  In this chapter:
(1)  "Euro" means the currency of the member states of the European Community, as amended by the Treaty on European Union.  The term is abbreviated as EUR.
(2)  "European currency unit" means the currency basket periodically used as the unit of account of the European Community, as defined by Regulation No. 3320/94 of the Council of the European Union and as referred to in Article 109g of the treaty establishing the European Community, as amended by the Treaty on European Union.  The term is abbreviated as ECU.
(3)  "Introduction of the euro" means the periodic implementation of economic and monetary union in member states of the European Union in accordance with the Treaty on European Union.
(4)  "Treaty on European Union" means the Treaty on European Union of February 7, 1992.
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 15 - Currency and Trade › Subtitle A - Currency › Chapter 661 - European Union Currency Conversion › Section 661.002. Applicability of Chapter

Sec. 661.002.  APPLICABILITY OF CHAPTER.  This chapter applies to each contract, security, and instrument, including a commercial contract, governed by the laws of this state.
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 15 - Currency and Trade › Subtitle A - Currency › Chapter 661 - European Union Currency Conversion › Section 661.003. Conflicts of Law

Sec. 661.003.  CONFLICTS OF LAW.  This chapter prevails to the extent of any conflict between this chapter and any other law of this state.
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 15 - Currency and Trade › Subtitle A - Currency › Chapter 661 - European Union Currency Conversion › Section 661.004. No Negative Inference or Presumption Created

Sec. 661.004.  NO NEGATIVE INFERENCE OR PRESUMPTION CREATED.  With respect to currency alteration other than the introduction of the euro, this chapter does not create any negative inference or negative presumption regarding the validity or enforceability of a contract, security, or instrument denominated wholly or partly in a currency affected by the alteration.
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 15 - Currency and Trade › Subtitle A - Currency › Chapter 661 - European Union Currency Conversion › Section 661.005. Continuity of Contract

Sec. 661.005.  CONTINUITY OF CONTRACT.  (a)  If a subject or medium of payment of a contract, security, or instrument is the European currency unit or a currency that has been substituted or replaced by the euro, the euro is a commercially reasonable substitute and substantial equivalent that may be:
(1)  used in determining the value of the European currency unit or currency, as appropriate; or
(2)  tendered, in each case, at the conversion rate specified in, and otherwise computed in accordance with, the regulations adopted by the Council of the European Union.
(b)  A person may perform any obligation described by Subsection (a) in euros or in the currency or currencies originally designated in the contract, security, or instrument if that currency or those currencies remain legal tender, but the person may not perform the obligation in any other currency, regardless of whether that other currency:
(1)  has been substituted or replaced by the euro; or
(2)  is considered a denomination of the euro and has a fixed conversion rate with respect to the euro.
(c)  The following occurrences are not considered a discharge of, do not excuse performance under, and do not give a party the right to unilaterally alter or terminate a contract, security, or instrument:
(1)  the introduction of the euro;
(2)  the tender of euros in connection with any obligation described by Subsection (a);
(3)  the determination of the value of any obligation described by Subsection (a); or
(4)  the computation or determination of the subject or medium of payment of a contract, security, or instrument with reference to an interest rate or any other basis that has been substituted or replaced because of the introduction of the euro and that is a commercially reasonable substitute and substantial equivalent.
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 15 - Currency and Trade › Subtitle A - Currency › Chapter 661 - European Union Currency Conversion › Section 661.006. Effect on Certain Agreements

Sec. 661.006.  EFFECT ON CERTAIN AGREEMENTS.  This chapter does not alter or impair an agreement between parties that specifically relates to the introduction of the euro.
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 15 - Currency and Trade › Subtitle B - Port of Entry Authorities › Chapter 671 - City of Laredo Port of Entry Authority › Subchapter A. General Provisions › Section 671.001. Definitions

Sec. 671.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means the City of Laredo Port of Entry Authority created under this chapter.
(2)  "Board" means the governing board of the authority.
(3)  "City" means the city of Laredo.
(4)  "Governing body" means the governing body of the city.
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 15 - Currency and Trade › Subtitle B - Port of Entry Authorities › Chapter 671 - City of Laredo Port of Entry Authority › Subchapter A. General Provisions › Section 671.002. Creation of Authority

Sec. 671.002.  CREATION OF AUTHORITY.  The city by ordinance may create the City of Laredo Port of Entry Authority for the purposes provided by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 15 - Currency and Trade › Subtitle B - Port of Entry Authorities › Chapter 671 - City of Laredo Port of Entry Authority › Subchapter A. General Provisions › Section 671.003. Authority Jurisdiction

Sec. 671.003.  AUTHORITY JURISDICTION.  The authority's jurisdiction is coextensive with the area within the boundaries and extraterritorial jurisdiction of the city.
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 15 - Currency and Trade › Subtitle B - Port of Entry Authorities › Chapter 671 - City of Laredo Port of Entry Authority › Subchapter B. Governing Board › Section 671.051. Composition of Board

Sec. 671.051.  COMPOSITION OF BOARD.  (a)  The authority is governed by a board of 11 members appointed by the governing body.
(b)  Nine members are voting members who must reside in the authority and two members are nonvoting members who must reside in Mexico.
(c)  The voting board members must include:
(1)  one representative of United States customs brokers;
(2)  one representative of freight forwarders;
(3)  one representative of the transportation industry;
(4)  one international banker; and
(5)  one representative of a maquiladora project.
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 15 - Currency and Trade › Subtitle B - Port of Entry Authorities › Chapter 671 - City of Laredo Port of Entry Authority › Subchapter B. Governing Board › Section 671.052. Board Terms; Vacancy

Sec. 671.052.  BOARD TERMS; VACANCY.  (a)  Board members serve staggered two-year terms, with the terms of five members expiring February 1 of each odd-numbered year and the terms of six members expiring February 1 of each even-numbered year.
(b)  A vacancy that occurs more than 60 days before the expiration date of a term shall be promptly filled for the unexpired term by the appointment of a member who has the same qualifications as the member creating the vacancy.
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 15 - Currency and Trade › Subtitle B - Port of Entry Authorities › Chapter 671 - City of Laredo Port of Entry Authority › Subchapter B. Governing Board › Section 671.053. Officers

Sec. 671.053.  OFFICERS.  The board shall select from among the board's voting members a presiding officer, an assistant presiding officer, a treasurer, and any other officers that the board considers appropriate.
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 15 - Currency and Trade › Subtitle B - Port of Entry Authorities › Chapter 671 - City of Laredo Port of Entry Authority › Subchapter B. Governing Board › Section 671.054. Removal

Sec. 671.054.  REMOVAL.  After a hearing, a board member may be removed for cause by a two-thirds vote of the membership of the governing body.
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 15 - Currency and Trade › Subtitle B - Port of Entry Authorities › Chapter 671 - City of Laredo Port of Entry Authority › Subchapter B. Governing Board › Section 671.055. Compensation; Reimbursement

Sec. 671.055.  COMPENSATION; REIMBURSEMENT.  A board member serves without compensation but is entitled to reimbursement for necessary expenses incurred in the performance of duties as a member.
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 15 - Currency and Trade › Subtitle B - Port of Entry Authorities › Chapter 671 - City of Laredo Port of Entry Authority › Subchapter C. Powers and Duties › Section 671.101. Fees

Sec. 671.101.  FEES.  The authority shall establish and collect rentals, tolls, and other appropriate fees:
(1)  from an operator of a commercial vehicle entering the authority by an international bridge; and
(2)  for the use of any other facility designated by the city.
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 15 - Currency and Trade › Subtitle B - Port of Entry Authorities › Chapter 671 - City of Laredo Port of Entry Authority › Subchapter C. Powers and Duties › Section 671.102. Use of Money

Sec. 671.102.  USE OF MONEY.  The authority may use the money collected under this chapter as the board determines appropriate only for the development and promotion of international trade.  The authority must obtain the approval of the governing body before any expenditure of money.
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 15 - Currency and Trade › Subtitle B - Port of Entry Authorities › Chapter 671 - City of Laredo Port of Entry Authority › Subchapter C. Powers and Duties › Section 671.103. Effect of Authority Action; City Approval

Sec. 671.103.  EFFECT OF AUTHORITY ACTION; CITY APPROVAL.  (a)  Not later than the 15th day after the date on which the authority or the board acts, the city may approve or disapprove the action.
(b)  If the city disapproves an action under Subsection (a), the action has no effect.  If the city does not disapprove the action, the action becomes effective on the earlier of:
(1)  the date on which the city approves the action; or
(2)  the 15th day after the date on which the authority or board acted.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.