reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.005. Proof of Identity of Acknowledging Person

Sec. 121.005.  PROOF OF IDENTITY OF ACKNOWLEDGING PERSON.  (a)  An officer may not take the acknowledgment of a written instrument unless the officer knows or has satisfactory evidence that the acknowledging person is the person who executed the instrument and is described in it.  An officer may accept, as satisfactory evidence of the identity of an acknowledging person, only:
(1)  the oath of a credible witness personally known to the officer;
(2)  a current identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person; or
(3)  with respect to a deed or other instrument relating to a residential real estate transaction, a current passport issued by a foreign country.
(b)  Except in a short form certificate of acknowledgment authorized by Section 121.008, the officer must note in the certificate of acknowledgment that:
(1)  he personally knows the acknowledging person;  or
(2)  evidence of a witness or an identification card or other document was used to identify the acknowledging person.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 90, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1242 (S.B. 1320), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.007. Form for Ordinary Certificate of Acknowledgment

Sec. 121.007.  FORM FOR ORDINARY CERTIFICATE OF ACKNOWLEDGMENT.  The form of an ordinary certificate of acknowledgment must be substantially as follows:
"The State of ____________,
"County of ____________,
"Before me ____________ (here insert the name and character of the officer) on this day personally appeared ________________, known to me (or proved to me on the oath of ________________ or through __________________ (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal)  "Given under my hand and seal of office this ________ day of ____________, A.D., ________."
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 90, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.008. Short Forms for Certificates of Acknowledgment

Sec. 121.008.  SHORT FORMS FOR CERTIFICATES OF ACKNOWLEDGMENT.  (a)  The forms for certificates of acknowledgment provided by this section may be used as alternatives to other authorized forms.  They may be referred to as "statutory forms of acknowledgment."
(b)  Short forms for certificates of acknowledgment include:
(1)  For a natural person acting in his own right:
State of Texas
County of ____________
This instrument was acknowledged before me on (date) by (name or names of person or persons acknowledging).
(Signature of officer)
(Title of officer)
My commission expires:  ________
(2)  For a natural person as principal acting by attorney-in-fact:
State of Texas
County of ____________
This instrument was acknowledged before me on (date) by (name of attorney-in-fact) as attorney-in-fact on behalf of (name of principal).
(Signature of officer)
(Title of officer)
My commission expires:  ________
(3)  For a partnership acting by one or more partners, an authorized officer, or an agent:
State of Texas
County of ____________
This instrument was acknowledged before me on (date) by (name of acknowledging partner, partners, authorized officer, or agent), (partner(s), authorized officer, or agent) on behalf of (name of partnership), a partnership.
(Signature of officer)
(Title of officer)
My commission expires:  ________
(4)  For a corporation:
State of Texas
County of ____________
This instrument was acknowledged before me on (date) by (name of officer), (title of officer) of (name of corporation acknowledging) a (state of incorporation) corporation, on behalf of said corporation.
(Signature of officer)
(Title of officer)
My commission expires:  ________
(5)  For a public officer, trustee, executor, administrator, guardian, or other representative:
State of Texas
County of ____________
This instrument was acknowledged before me on (date) by (name of representative) as (title of representative) of (name of entity or person represented).
(Signature of officer)
(Title of officer)
My commission expires:  ________
(6)  For a limited liability company:
State of Texas
County of ____________
This instrument was acknowledged before me on (date) by (name of acknowledging member, manager, authorized officer, or agent), a (member, manager, authorized officer, or agent) of (name of limited liability company) on behalf of (name of limited liability company), a limited liability company.
(Signature of officer)
(Title of officer)
My commission expires:  ________
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 32 (H.B. 1159), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.009. Proof of Acknowledgment by Witness

Sec. 121.009.  PROOF OF ACKNOWLEDGMENT BY WITNESS.  (a)  To prove a written instrument for recording, at least one of the witnesses who signed the instrument must personally appear before an officer who is authorized by this chapter to take acknowledgments or proofs and must swear:
(1)  either that he saw the grantor or person who executed the instrument sign it or that that person acknowledged in the presence of the witness that he executed the instrument for the purposes and consideration expressed in it;  and
(2)  that he signed the instrument at the request of the grantor or person who executed the instrument.
(b)  The officer must make a certificate of the testimony of the witness and must sign and officially seal the certificate.
(c)  The officer may take the testimony of a witness only if the officer personally knows or has satisfactory evidence on the oath of a credible witness that the individual testifying is the person who signed the instrument as a witness.  If evidence is used to identify the witness who signed the instrument, the officer must note the use of the evidence in the certificate of acknowledgment.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.010. Form of Certificate for Proof by Witness

Sec. 121.010.  FORM OF CERTIFICATE FOR PROOF BY WITNESS.  When the execution of a written instrument is proved by a witness, the certificate of the officer must be substantially as follows:
"The State of ____________,
"County of ____________.
"Before me, ________ (here insert the name and character of the officer), on this day personally appeared ____________, known to me (or proved to me on the oath of ____________), to be the person whose name is subscribed as a witness to the foregoing instrument of writing, and after being duly sworn by me stated on oath that he saw ____________, the grantor or person who executed the foregoing instrument, subscribe the same (or that the grantor or person who executed such instrument of writing acknowledged in his presence that he had executed the same for the purposes and consideration therein expressed), and that he had signed the same as a witness at the request of the grantor (or person who executed the same.)
(Seal)  "Given under my hand and seal of office this ______ day of ____________, A.D., ____________."
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.011. Proof of Acknowledgment by Handwriting

Sec. 121.011.  PROOF OF ACKNOWLEDGMENT BY HANDWRITING.  (a)  The execution of an instrument may be established for recording by proof of the handwriting of persons who signed the instrument only if:
(1)  the grantor of the instrument and all of the witnesses are dead;
(2)  the grantor and all of the witnesses are not residents of this state;
(3)  the residences of the grantor and the witnesses are unknown to the person seeking to prove the instrument and cannot be ascertained;
(4)  the witnesses have become legally incompetent to testify;  or
(5)  the grantor of the instrument refuses to acknowledge the execution of the instrument and all of the witnesses are dead, not residents of this state, or legally incompetent or their places of residence are unknown.
(b)  If the grantor or person who executed the instrument signed his name to the instrument, its execution must be proved by evidence of the handwriting of that person and at least one witness who signed the instrument.  If the grantor or person who executed the instrument signed the instrument by making his mark, its execution must be proved by the handwriting of at least two of the witnesses who signed the instrument.
(c)  Evidence taken for proof of handwriting must give the residence of the testifying witness.  A testifying witness must have known the person whose handwriting is being proved and must be well acquainted with the handwriting in question and recognize it as genuine.
(d)  Evidence offered for proof of handwriting must be given in writing by the deposition or affidavit of two or more disinterested persons.  The evidence must satisfactorily prove to the officer each of the requirements provided by this section.  The officer taking the proof must certify the witnesses' testimony.  The officer must sign, officially seal, and attach this certificate to the instrument with the depositions or affidavits of the witnesses.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.012. Record of Acknowledgment

Sec. 121.012.  RECORD OF ACKNOWLEDGMENT.  (a)  An officer authorized by law to take an acknowledgment or proof of a written instrument required or permitted by law to be recorded must enter in a well-bound book and officially sign a short statement of each acknowledgment or proof.  The statement must contain the date that the acknowledgment or proof was taken, the date of the instrument, and the names of the grantor and grantee of the instrument.
(b)  If the execution of the instrument is acknowledged by the grantor of the instrument, the statement must also contain:
(1)  the grantor's mailing address;
(2)  whether the grantor is personally known to the officer; and
(3)  if the grantor is unknown to the officer, the name and mailing address of the person who introduced the grantor to the officer, if any.
(c)  If the execution of the instrument is proved by a witness who signed the instrument, the statement must also contain:
(1)  the name of the witness;
(2)  the mailing address of the witness;
(3)  whether the witness is personally known to the officer; and
(4)  if the witness is unknown to the officer, the name and mailing address of the person who introduced the witness to the officer, if any.
(d)  If land is charged or conveyed by the instrument, the statement must also contain:
(1)  the name of the original grantee;  and
(2)  the name of the county in which the land is located.
(e)  The statements of acknowledgment recorded by the officer are original public records, open for public inspection and examination at all reasonable times.  The officer must deliver the book to his successor in office.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 731 (S.B. 1098), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.013. Subpoena of Witness; Attachment

Sec. 121.013.  SUBPOENA OF WITNESS;  ATTACHMENT.  (a)  On the sworn application of a person interested in the proof of an instrument required or permitted by law to be recorded, stating that a witness to the instrument refuses to appear and testify regarding the execution of the instrument and that the instrument cannot be proven without the evidence of the witness, an officer authorized to take proofs of instruments shall issue a subpoena requiring the witness to appear before the officer and testify about the execution of the instrument.
(b)  If the witness fails to obey the subpoena, the officer has the same powers to enforce the attendance and compel the answers of the witness as does a district judge.  Attachment may not be issued, however, unless the witness receives or is tendered the same compensation that is made to witnesses in other cases.  An officer may not require the witness to leave his county of residence, but if the witness is temporarily present in the county where the execution of the instrument is sought to be proven for registration, he may be required to appear.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.014. Action for Damages

Sec. 121.014.  ACTION FOR DAMAGES.  A person injured by the failure, refusal, or neglect of an officer to comply with a provision of this chapter has a cause of action against the officer to recover damages resulting from the failure, refusal, or neglect of the officer.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.015. Private Seal or Scroll Not Required

Sec. 121.015.  PRIVATE SEAL OR SCROLL NOT REQUIRED.  A private seal or scroll may not be required on a written instrument other than an instrument made by a corporation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.016. Effect of Other Law

Sec. 121.016.  EFFECT OF OTHER LAW.  To the extent that a provision of this chapter conflicts with Subchapter C, Chapter 406, Government Code, that subchapter controls with respect to an online notarization as defined by Section 406.101, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 340 (H.B. 1217), Sec. 2, eff. July 1, 2018.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 122 - Jurors Right to Reemployment › Section 122.001. Protection of Jurors' Employment; Juror's Right to Reemployment; Notice of Intent to Return

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 234 (S.B. 370), Sec. 1
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 356 (H.B. 504), Sec. 1, see other Sec. 122.001.
Sec. 122.001.  PROTECTION OF JURORS' EMPLOYMENT; JUROR'S RIGHT TO REEMPLOYMENT; NOTICE OF INTENT TO RETURN.  (a)  An employer may not discharge, threaten to discharge, intimidate, or coerce any permanent employee because the employee serves as a juror, or for the employee's attendance or scheduled attendance in connection with the service, in any court in the United States.
(b)  An employee who is discharged, threatened with discharge, intimidated, or coerced in violation of this section is entitled to return to the same employment that the employee held when summoned for jury service if the employee, as soon as practical after release from jury service, gives the employer actual notice that the employee intends to return.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 234 (S.B. 370), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 122 - Jurors Right to Reemployment › Section 122.001. Juror's Right to Reemployment; Notice of Intent to Return

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 356 (H.B. 504), Sec. 1
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 234 (S.B. 370), Sec. 1, see other Sec. 122.001.
Sec. 122.001.  JUROR'S RIGHT TO REEMPLOYMENT;  NOTICE OF INTENT TO RETURN.  (a)  A private employer may not terminate the employment of a permanent employee because the employee serves as a juror or grand juror.
(b)  An employee whose employment is terminated in violation of this section is entitled to return to the same employment that the employee held when summoned for jury or grand jury service if the employee, as soon as practical after release from that service, gives the employer actual notice that the employee intends to return.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 356 (H.B. 504), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 122 - Jurors Right to Reemployment › Section 122.002. Damages; Reinstatement; Attorney's Fees

Sec. 122.002.  DAMAGES;  REINSTATEMENT;  ATTORNEY'S FEES.  (a)  A person who is injured because of a violation of this chapter is entitled to reinstatement to the person's former position and to damages in an amount not less than an amount equal to one year's compensation nor more than an amount equal to five years' compensation at the rate at which the person was compensated when summoned for jury or grand jury service.
(b)  The injured person is also entitled to reasonable attorney's fees in an amount approved by the court.
(c)  An action for damages brought by a person under Subsection (a) must be brought not later than the second anniversary of the date on which the person served as a juror or grand juror.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 442, Sec. 5, eff. Jan. 1, 1992;  Acts 1999, 76th Leg., ch. 770, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 356 (H.B. 504), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 122 - Jurors Right to Reemployment › Section 122.0021. Criminal Penalty

Sec. 122.0021.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 122.001.
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 1999, 76th Leg., ch. 770, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 122 - Jurors Right to Reemployment › Section 122.0022. Contempt

Sec. 122.0022.  CONTEMPT.  In addition to and without limiting any other sanction or remedy available under this chapter or other law, a court may punish by contempt an employer who terminates, threatens to terminate, penalizes, or threatens to penalize an employee because the employee performs jury or grand jury duty.
Added by Acts 1999, 76th Leg., ch. 770, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 356 (H.B. 504), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 122 - Jurors Right to Reemployment › Section 122.003. Defense

Sec. 122.003.  DEFENSE.  (a)  It is a defense to an action brought under this chapter that the employer's circumstances changed while the employee served as a juror or grand juror so that reemployment was impossible or unreasonable.
(b)  To establish a defense under this section, an employer must prove that the termination of employment was because of circumstances other than the employee's service as a juror or grand juror.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 442, Sec. 6, eff. Jan. 1, 1992.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 356 (H.B. 504), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 123 - Interception of Communication › Section 123.001. Definitions

Sec. 123.001.  DEFINITIONS.  In this chapter:
(1)  "Communication" means speech uttered by a person or information including speech that is transmitted in whole or in part with the aid of a wire or cable.
(2)  "Interception" means the aural acquisition of the contents of a communication through the use of an interception device that is made without the consent of a party to the communication, but does not include the ordinary use of:
(A)  a telephone or telegraph instrument or facility or telephone and telegraph equipment;
(B)  a hearing aid designed to correct subnormal hearing to not better than normal;
(C)  a radio, television, or other wireless receiver; or
(D)  a cable system that relays a public wireless broadcast from a common antenna to a receiver.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.02, eff. January 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 123 - Interception of Communication › Section 123.002. Cause of Action

Sec. 123.002.  CAUSE OF ACTION.  (a)  A party to a communication may sue a person who:
(1)  intercepts, attempts to intercept, or employs or obtains another to intercept or attempt to intercept the communication;
(2)  uses or divulges information that he knows or reasonably should know was obtained by interception of the communication;  or
(3)  as a landlord, building operator, or communication common carrier, either personally or through an agent or employee, aids or knowingly permits interception or attempted interception of the communication.
(b)  This section does not apply to a party to a communication if an interception or attempted interception of the communication is authorized by Title 18, United States Code, Section 2516.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 123 - Interception of Communication › Section 123.003. Defense

Sec. 123.003.  DEFENSE.  (a)  A switchboard operator or an officer, employee, or agent of a communication common carrier whose facilities are used in the transmission of a wire communication may intercept, disclose, or use a communication in the normal course of employment if engaged in an activity that is necessary to service or for the protection of the carrier's rights or property.  A communication common carrier may not use service observation or random monitoring except for mechanical or service quality control checks.
(b)  It is a defense to an action under Section 123.002 that an interception, disclosure, or use of a communication is permitted by this section.
(c)  A defendant must establish by a preponderance of the evidence a defense raised under this section.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 123 - Interception of Communication › Section 123.004. Damages

Sec. 123.004.  DAMAGES.  A person who establishes a cause of action under this chapter is entitled to:
(1)  an injunction prohibiting a further interception, attempted interception, or divulgence or use of information obtained by an interception;
(2)  statutory damages of $10,000 for each occurrence;
(3)  all actual damages in excess of $10,000;
(4)  punitive damages in an amount determined by the court or jury;  and
(5)  reasonable attorney's fees and costs.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1049, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 124 - Privilege to Investigate Theft › Section 124.001. Suspected Theft of Property or Attempted Theft of Property

Sec. 124.001.  SUSPECTED THEFT OF PROPERTY OR ATTEMPTED THEFT OF PROPERTY.  (a)  A person who reasonably believes that another has stolen or is attempting to steal property is privileged to detain that person in a reasonable manner and for a reasonable time to investigate ownership of the property.
(b)  A person who is in the business of selling goods or services as a merchant is not precluded from offering a person who is suspected of stealing or attempting to steal property from the merchant an opportunity to complete a theft education program under Section 124.002 to deter theft and address criminal behavior instead of reporting the suspected offense to a law enforcement agency.
(c)  A merchant who offers a person an opportunity to complete a theft education program shall:
(1)  notify the person of that opportunity;
(2)  inform the person of the civil and criminal remedies available to the merchant and the state, including informing the person that the merchant retains the right to report the suspected offense to a law enforcement agency if the person does not successfully complete the program; and
(3)  maintain records for a period of not less than two years of:
(A)  any criteria used by the merchant in determining whether to offer a person the opportunity to complete a theft education program;
(B)  the terms of each offer made; and
(C)  the name of each person to whom the merchant made an offer.
(d)  A merchant shall make records maintained under Subsection (c)(3) available to a district attorney, criminal district attorney, or county attorney on request.
(e)  Nothing in this section precludes a peace officer, district attorney, criminal district attorney, county attorney, or judge from offering a person a theft education program under Section 124.002 in compliance with this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 707 (H.B. 2129), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 124 - Privilege to Investigate Theft › Section 124.002. Theft Education Program

Sec. 124.002.  THEFT EDUCATION PROGRAM.  (a)  A theft education program for a person who is suspected of stealing or attempting to steal property under Section 124.001 must:
(1)  address the type of alleged criminal offense;
(2)  seek to modify the person's behavioral decision-making process;
(3)  engage the person with interactive exercises designed to instill appropriate societal behavior; and
(4)  promote accountability and reconciliation between the person and the merchant.
(b)  A provider of a theft education program may not discriminate against a person who is otherwise eligible to participate in the program based on:
(1)  the person's race, color, religion, sex, familial status, or national origin; or
(2)  the person's ability to pay.
(c)  A program provider that charges a fee for participation in a theft education program:
(1)  shall develop a plan to offer discounts, alternative payment schedules, or scholarship funds to a person who the provider has verified is indigent;
(2)  may reduce or waive the fee for the program based on the ability to pay of a person described by Subdivision (1); and
(3)  may not compensate a merchant who offers a person the opportunity to complete the program.
(d)  A person may not be required to make an admission of guilt to participate in a theft education program.
(e)  Notwithstanding any other law, a person who successfully completes a theft education program under this section may not be subject to any additional civil penalties under any other provision of law.
Added by Acts 2023, 88th Leg., R.S., Ch. 707 (H.B. 2129), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 124 - Privilege to Investigate Theft › Section 124.003. Immunity From Criminal and Civil Liability

Sec. 124.003.  IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY.  A person who offers or provides a theft education program in compliance with this chapter is not criminally or civilly liable for failure to notify a law enforcement agency of the suspected theft or attempted theft.
Added by Acts 2023, 88th Leg., R.S., Ch. 707 (H.B. 2129), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter A. Suit to Abate Certain Common Nuisances › Section 125.001. Definitions

Sec. 125.001.  DEFINITIONS.  In this chapter:
(1)  "Common nuisance" is a nuisance described by Section 125.0015.
(1-a)  "Computer network" means the interconnection of two or more computers or computer systems by satellite, microwave, line, or other communication medium with the capability to transmit information between the computers.
(2)  "Public nuisance" is a nuisance described by Section 125.062 or 125.063.
(3)  "Multiunit residential property" means improved real property with at least three dwelling units, including an apartment building, condominium, hotel, or motel.  The term does not include  a single-family home or duplex.
(4)  "Web address" means a website operating on the Internet.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 14, Sec. 284(42), eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 857, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 968, Sec. 1, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 14.03, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 318, Sec. 25, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 663, Sec. 2, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1161, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1202, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1246 (H.B. 1690), Sec. 1, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 596 (S.B. 1196), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter A. Suit to Abate Certain Common Nuisances › Section 125.0017. Notice by Law Enforcement of Certain Activities

Sec. 125.0017.  NOTICE BY LAW ENFORCEMENT OF CERTAIN ACTIVITIES.  If a law enforcement agency has reason to believe an activity described by Section 125.0015(a)(6), (7), or (18) has occurred at property leased to a person operating a massage establishment as defined by Section 455.001, Occupations Code, the law enforcement agency may provide written notice by certified mail to each person maintaining the property of the alleged activity.
Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 4, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter A. Suit to Abate Certain Common Nuisances › Section 125.0025. Suit to Declare Certain Common Nuisances

Sec. 125.0025.  SUIT TO DECLARE CERTAIN COMMON NUISANCES.  (a)  A suit to declare that a person operating a web address or computer network is maintaining a common nuisance may be brought by an individual, by the attorney general, or by a district, county, or city attorney.
(b)  Except as provided by Section 125.005, on a finding that a web address or computer network is a common nuisance, the sole remedy available is a judicial finding issued to the attorney general.
(c)  The attorney general may:
(1)  notify Internet service providers, search engine operators, browsing or hosting companies, or device manufacturers on which applications are hosted of the judicial finding issued to the attorney general under Subsection (b) to determine if the persons notified are able to offer technical assistance to the attorney general in a manner consistent with 47 U.S.C. Section 230; or
(2)  post the judicial finding issued to the attorney general under Subsection (b) on the attorney general's Internet website.
Added by Acts 2017, 85th Leg., R.S., Ch. 596 (S.B. 1196), Sec. 3, eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 7, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter A. Suit to Abate Certain Common Nuisances › Section 125.003. Suit on Bond

Sec. 125.003.  SUIT ON BOND.  (a)  If a condition of a bond filed or an injunctive order entered under this subchapter is violated, the district, county, or city attorney of the county in which the property is located or the attorney general shall sue on the bond in the name of the state.  In the event the attorney general originates the suit, the whole sum shall be forfeited as a penalty to the state.  In the event the suit is originated by any office other than the attorney general, the whole sum shall be forfeited as a penalty to the originating entity.  On violation of any condition of the bond or of the injunctive order and subsequent to forfeiture of the bond, the place where the nuisance exists shall be ordered closed for one year from the date of the order of bond forfeiture.
(b)  The party bringing the suit may recover reasonable expenses incurred in prosecuting the suits authorized in Subsection (a) including but not limited to investigative costs, court costs, reasonable attorney's fees, witness fees, and deposition fees.
(c)  A person may not continue the enjoined activity pending appeal or trial on the merits of an injunctive order entered in a suit brought under this subchapter.  Not later than the 90th day after the date of the injunctive order, the appropriate court of appeals shall hear and decide an appeal taken by a party enjoined under this subchapter.  If an appeal is not taken by a party temporarily enjoined under this article, the parties are entitled to a full trial on the merits not later than the 90th day after the date of the temporary injunctive order.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 62(2), eff. September 1, 2021.
(e)  Nothing herein is intended to allow a suit to enjoin and abate a common nuisance to be brought against any enterprise whose sole business is that of a bookstore or movie theater.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 959, Sec. 3, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 822, Sec. 1, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 1202, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 62(2), eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter A. Suit to Abate Certain Common Nuisances › Section 125.005. Attorney's Fees and Costs in Action Under Chapter

Sec. 125.005.  ATTORNEY'S FEES AND COSTS IN ACTION UNDER CHAPTER.  In an action brought under this chapter, the court may award a prevailing party reasonable attorney's fees in addition to costs incurred in bringing the action.  In determining the amount of attorney's fees, the court shall consider:
(1)  the time and labor involved;
(2)  the novelty and difficulty of the questions;
(3)  the expertise, reputation, and ability of the attorney; and
(4)  any other factor considered relevant by the court.
Added by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter C. Additional Nuisance Remedies › Section 125.042. Request for Meeting

Sec. 125.042.  REQUEST FOR MEETING.  (a)  The voters of an election precinct in which a common nuisance is alleged to exist or is alleged to be likely to be created, or the voters in an adjacent election precinct, may request the district attorney, city attorney, or county attorney having geographical jurisdiction of the place that is the subject of the voters' complaints to authorize a meeting at which interested persons may state their complaints about the matter.  To be valid to begin proceedings under this section, the written request must be signed by at least:
(1)  10 percent of the registered voters of the election precinct in which the common nuisance is alleged to exist or is alleged to be likely to be created;  or
(2)  20 percent of the voters of the adjacent election precinct.
(b)  On receiving a written request for a meeting from the required number of persons, the district attorney, city attorney, or county attorney may appoint a person to conduct the meeting at a location as near as practical to the place that is the subject of the complaints.
Added by Acts 1987, 70th Leg., ch. 959, Sec. 7, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 1202, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter C. Additional Nuisance Remedies › Section 125.043. Notice

Sec. 125.043.  NOTICE.  The district attorney, city attorney, or county attorney receiving the request may:
(1)  post notice of the purpose, time, and place of the meeting at either the county courthouse of the county or the city hall of the city in which the place that is the subject of the complaints is located and publish the notice in a newspaper of general circulation published in that county or city;  and
(2)  serve the notice, by personal service, to the owner and the operator of the place.
Added by Acts 1987, 70th Leg., ch. 959, Sec. 7, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter C. Additional Nuisance Remedies › Section 125.044. Findings

Sec. 125.044.  FINDINGS.  (a)  After the meeting, the person appointed to conduct the meeting shall report the findings to the district attorney, city attorney, or county attorney who appointed the person.  The district attorney, city attorney, or county attorney, on finding by the attorney that a common nuisance exists or is likely to be created, may initiate appropriate available proceedings against the persons owning or operating the place at which the common nuisance exists or is likely to be created.
(b)  In a proceeding begun under Subsection (a):
(1)  proof that acts creating a common nuisance are frequently committed at the place is prima facie evidence that the owner and the operator knowingly tolerated the acts;
(2)  evidence that persons have been arrested for or convicted of offenses involving acts at the place that create a common nuisance is admissible to show knowledge on the part of the owner and the operator with respect to the acts that occurred; and
(3)  notwithstanding Subdivision (1), evidence that the defendant, the defendant's authorized representative, or another person acting at the direction of the defendant or the defendant's authorized representative requested law enforcement or emergency assistance with respect to an activity at the place where the common nuisance is allegedly maintained is not admissible for the purpose of showing the defendant tolerated the activity or failed to make reasonable attempts to abate the activity alleged to constitute the nuisance but may be admitted for other purposes, such as showing that a crime listed in Section 125.0015 occurred.  Evidence that the defendant refused to cooperate with law enforcement or emergency services with respect to the activity is admissible.
(b-1) The posting of a sign prohibiting the activity alleged is not conclusive evidence that the owner did not tolerate the activity.
(c)  The originals or certified copies of the papers and judgments of the arrests or convictions described by Subdivision (2) of Subsection (b) are admissible in a suit for an injunction, and oral evidence is admissible to show that the offense for which a person was arrested or convicted was committed at the place involved.
Added by Acts 1987, 70th Leg., ch. 959, Sec. 7, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 1202, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1246 (H.B. 1690), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter C. Additional Nuisance Remedies › Section 125.046. Additional Remedies; Receiver

Sec. 125.046.  ADDITIONAL REMEDIES;  RECEIVER.  (a)  If, in any judicial proceeding under Subchapter A, a court determines that a person is maintaining a vacant lot, vacant or abandoned building, or multiunit residential property that is a common nuisance, the court may, on its own motion or on the motion of any party, order the appointment of a receiver to manage the property or render any other order allowed by law as necessary to abate the nuisance.
(b)  A receiver appointed under this section may not be appointed for a period longer than one year.
(c)  The court shall determine the management duties of the receiver, the amount to be paid the receiver, the method of payment, and the payment periods.
(d)  A receiver appointed under this section shall continue to manage the property during the pendency of any appeal relating to the nuisance or the appointment of the receiver.
(e)  A receiver appointed by the court may:
(1)  take control of the property;
(2)  collect rents due on the property;
(3)  make or have made any repairs necessary to bring the property into compliance with minimum standards in local ordinances;
(4)  make payments necessary for the maintenance or restoration of utilities to the properties;
(5)  purchase materials necessary to accomplish repairs;
(6)  renew existing rental contracts and leases;
(7)  enter into new rental contracts and leases;
(8)  affirm, renew, or enter into a new contract providing for insurance coverage on the property;  and
(9)  exercise all other authority that an owner of the property would have except for the authority to sell the property.
(f)  Expenditures of monies by the receiver in excess of $10,000 under Subdivisions (3) and (5) of Subsection (e) shall require prior approval of the court.
(g)  On the completion of the receivership, the receiver shall file with the court a full accounting of all costs and expenses incurred in the repairs, including reasonable costs for labor and subdivision, and all income received from the property.
Added by Acts 1995, 74th Leg., ch. 818, Sec. 2, eff. Aug. 28, 1995.  Amended by Acts 2003, 78th Leg., ch. 1202, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 775 (H.B. 2359), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter C. Additional Nuisance Remedies › Section 125.047. Nuisance Abatement Fund

Sec. 125.047.  NUISANCE ABATEMENT FUND.  (a)  In this section:
(1)  "Fund" means a nuisance abatement fund.
(2)  "Nuisance abatement" means an activity taken by a municipality to reduce the occurrences of a common or public nuisance.
(b)  This section applies only to a municipality with a population of 1.5 million or more.
(c)  A municipality shall create a fund as a separate account in the treasury of the municipality.
(d)  The fund consists of:
(1)  money awarded the municipality in an action under this chapter;
(2)  money awarded the municipality under a settlement to an action under this chapter;
(3)  fines resulting from code enforcement citations issued by the municipality for conduct defined as a common or public nuisance under this chapter;
(4)  bonds forfeited to the municipality under this chapter;  and
(5)  donations or grants made to the municipality for the purpose of nuisance abatement.
(e)  The money in the fund may be used only for the purpose of ongoing nuisance abatement.  That purpose includes:
(1)  regular and overtime compensation for nuisance abatement or enforcement personnel;  and
(2)  hiring additional personnel for nuisance abatement as needed.
Added by Acts 2003, 78th Leg., ch. 1202, Sec. 8, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter D. Membership in Criminal Street Gang or Foreign Terrorist Organization › Section 125.061. Definitions

Sec. 125.061.  DEFINITIONS.  In this subchapter:
(1)  "Combination," "criminal street gang," and "foreign terrorist organization" have the meanings assigned by Section 71.01, Penal Code.
(2)  "Continuously or regularly" means at least five times in a period of not more than 12 months.
(3)  "Gang activity" means the following types of conduct:
(A)  organized criminal activity as described by Section 71.02, Penal Code;
(B)  terroristic threat as described by Section 22.07, Penal Code;
(C)  coercing, inducing, or soliciting membership in a criminal street gang or foreign terrorist organization as described by Section 71.022(a) or (a-1), Penal Code;
(D)  criminal trespass as described by Section 30.05, Penal Code;
(E)  disorderly conduct as described by Section 42.01, Penal Code;
(F)  criminal mischief as described by Section 28.03, Penal Code, that causes a pecuniary loss of $500 or more;
(G)  a graffiti offense in violation of Section 28.08, Penal Code;
(H)  a weapons offense in violation of Chapter 46, Penal Code; or
(I)  unlawful possession of a substance or other item in violation of Chapter 481, Health and Safety Code.
Added by Acts 1993, 73rd Leg., ch. 968, Sec. 3, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.10, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 318, Sec. 31, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1202, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 472 (H.B. 68), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 5.002, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 976 (H.B. 1622), Sec. 1, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter D. Membership in Criminal Street Gang or Foreign Terrorist Organization › Section 125.062. Public Nuisance; Combination

Sec. 125.062.  PUBLIC NUISANCE;  COMBINATION.  A combination, criminal street gang, or foreign terrorist organization that continuously or regularly associates in gang activities is a public nuisance.
Added by Acts 1993, 73rd Leg., ch. 968, Sec. 3, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.11, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 318, Sec. 32, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1202, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 3, eff. September 1, 2023.