reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 9 - Secured Transactions › Subchapter H. Transition Provisions for 2013 Amendments › Section 9.807. Amendment of Pre-Effective-Date Financing Statement

Sec. 9.807.  AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT.  (a)  In this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2013.
(b)  After the 2013 amendments take effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in this chapter, as amended by the 2013 amendments.  However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c)  Except as otherwise provided in Subsection (d), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after the 2013 amendments take effect only if:
(1)  the pre-effective-date financing statement and an amendment are filed in the office specified in Section 9.501;
(2)  an amendment is filed in the office specified in Section 9.501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies Section 9.806(c); or
(3)  an initial financing statement that provides the information as amended and satisfies Section 9.806(c) is filed in the office specified in Section 9.501.
(d)  If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under Sections 9.805(c) and (e) or Section 9.806.
(e)  Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after the 2013 amendments take effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies Section 9.806(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this chapter, as amended by the 2013 amendments, as the office in which to file a financing statement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 67 (S.B. 782), Sec. 18, eff. July 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 9 - Secured Transactions › Subchapter H. Transition Provisions for 2013 Amendments › Section 9.808. Person Entitled to File Initial Financing Statement or Continuation Statement

Sec. 9.808.  PERSON ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT.  A person may file an initial financing statement or a continuation statement under this subchapter if:
(1)  the secured party of record authorizes the filing; and
(2)  the filing is necessary under this subchapter:
(A)  to continue the effectiveness of a financing statement filed before July 1, 2013; or
(B)  to perfect or continue the perfection of a security interest.
Added by Acts 2011, 82nd Leg., R.S., Ch. 67 (S.B. 782), Sec. 18, eff. July 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 9 - Secured Transactions › Subchapter H. Transition Provisions for 2013 Amendments › Section 9.809. Priority

Sec. 9.809.  PRIORITY.  The 2013 amendments determine the priority of conflicting claims to collateral.  However, if the relative priorities of the claims were established before July 1, 2013, this chapter as it existed before amendment determines priority.
Added by Acts 2011, 82nd Leg., R.S., Ch. 67 (S.B. 782), Sec. 18, eff. July 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 12 - Virtual Currency › Section 12.001. Definition

Sec. 12.001.  DEFINITION.  In this chapter,  "virtual currency":
(1)  means a digital representation of value that:
(A)  is used as a medium of exchange, unit of account, or store of value; and
(B)  is not legal tender, whether or not denominated in legal tender; and
(2)  does not include:
(A)  a transaction in which a merchant grants, as part of an affinity or rewards program, value that cannot be taken from or exchanged with the merchant for legal tender, bank credit, or virtual currency; or
(B)  a digital representation of value issued by or on behalf of a publisher and used solely within an online game, game platform, or family of games sold by the same publisher or offered on the same game platform.
Added by Acts 2021, 87th Leg., R.S., Ch. 739 (H.B. 4474), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 12 - Virtual Currency › Section 12.002. Scope

Sec. 12.002.  SCOPE.  This chapter applies to virtual currency.
Added by Acts 2021, 87th Leg., R.S., Ch. 739 (H.B. 4474), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 12 - Virtual Currency › Section 12.003. Rights in Virtual Currency

Sec. 12.003.   RIGHTS IN VIRTUAL CURRENCY.  (a) In this section:
(1)  "Adverse claim" means a claim that a claimant has a property interest in a virtual currency and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the virtual currency.
(2)  "Qualifying purchaser" means a purchaser that obtains control of a virtual currency for value and without notice of any adverse claim.
(b)  Subject to Subsections (c) through (h), law other than this chapter determines whether a person acquires rights in a virtual currency and the rights that the person acquires.
(c)  A purchaser of a virtual currency acquires all rights in the virtual currency that the transferor had or had power to transfer.
(d)  A purchaser of a limited interest in a virtual currency acquires rights only to the extent of the interest purchased.
(e)  In addition to acquiring the rights of a purchaser, a qualifying purchaser acquires the purchaser's rights in a virtual currency free of any adverse claim.
(f)  An action based on an adverse claim to a virtual currency, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a qualifying purchaser that acquires the purchaser's interest in, and obtains control of, the virtual currency for value and without notice of the adverse claim.
(g)  A person has notice of an adverse claim if:
(1)  the person knows of the adverse claim; or
(2)  the person is aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and deliberately avoids information that would establish the existence of the adverse claim.
(h)  Filing of a financing statement under Chapter 9 is not notice of an adverse claim to a virtual currency.
Added by Acts 2021, 87th Leg., R.S., Ch. 739 (H.B. 4474), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 12 - Virtual Currency › Section 12.004. Control of Virtual Currency

Sec. 12.004.  CONTROL OF VIRTUAL CURRENCY.  (a) A person has control of a virtual currency if the following conditions are met:
(1)  the virtual currency or the system in which the virtual currency is recorded, if any, gives the person:
(A)  the power to derive substantially all the benefit from the virtual currency;
(B)  subject to Subsection (b), the exclusive power to prevent others from deriving substantially all the benefit from the virtual currency; and
(C)  subject to Subsection (b), the exclusive power to transfer control of the virtual currency to another person or cause another person to obtain control of a virtual currency that derives from the virtual currency; and
(2)  the virtual currency, a record attached to or logically associated with the virtual currency, or the system in which the virtual currency is recorded, if any, enables the person to readily identify the person as having the powers specified in Subdivision (1).
(b)  A power specified in Subsection (a)(1)(B) or (C) can be exclusive, even if:
(1)  the virtual currency or the system in which the  virtual currency is recorded, if any, limits the use to which the virtual currency may be put or has protocols that are programmed to result in a transfer of control; and
(2)  the person has agreed to share the power with another person.
(c)  For the purposes of Subsection (a)(2), a person may be identified in any way, including by name, identifying number, cryptographic key, office, or account number.
Added by Acts 2021, 87th Leg., R.S., Ch. 739 (H.B. 4474), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter A. General Provisions and Prohibited Restraints › Section 15.01. Title of Act

Sec. 15.01.  TITLE OF ACT.  This Act shall be known and may be cited as the Texas Free Enterprise and Antitrust Act of 1983.
Amended by Acts 1983, 68th Leg., p. 3010, ch. 519, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter A. General Provisions and Prohibited Restraints › Section 15.02. Applicability of Provisions

Sec. 15.02.  APPLICABILITY OF PROVISIONS.  (a)  The provisions of this Act are cumulative of each other and of any other provision of law of this state in effect relating to the same subject.  Among other things, the provisions of this Act preserve the constitutional and common law authority of the attorney general to bring actions under state and federal law.
(b)  If any of the provisions of this Act are held invalid, the remainder shall not be affected as a result;  nor shall the application of the provision held invalid to persons or circumstances other than those as to which it is held invalid be affected as a result.
Amended by Acts 1983, 68th Leg., p. 3010, ch. 519, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter A. General Provisions and Prohibited Restraints › Section 15.03. Definitions

Sec. 15.03.  DEFINITIONS.  Except as otherwise provided in Subsection (a) of Section 15.10 of this Act, for purposes of this Act:
(1)  The term "attorney general" means the Attorney General of Texas or any assistant attorney general acting under the direction of the Attorney General of Texas.
(2)  The term "goods" means any property, tangible or intangible, real, personal, or mixed, and any article, commodity, or other thing of value, including insurance.
(3)  The term "person" means a natural person, proprietorship, partnership, corporation, municipal corporation, association, or any other public or private group, however organized, but does not include the State of Texas, its departments, and its administrative agencies or a community center operating under Subchapter A, Chapter 534, Health and Safety Code.
(4)  The term "services" means any work or labor, including without limitation work or labor furnished in connection with the sale, lease, or repair of goods.
(5)  The terms "trade" and "commerce" mean the sale, purchase, lease, exchange, or distribution of any goods or services;  the offering for sale, purchase, lease, or exchange of any goods or services;  the advertising of any goods or services;  the business of insurance;  and all other economic activity undertaken in whole or in part for the purpose of financial gain involving or relating to any goods or services.
Amended by Acts 1983, 68th Leg., p. 3010, ch. 519, Sec. 1, eff. Aug. 29, 1983;  Acts 1991, 72nd Leg., ch. 242, Sec. 6.01, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 601, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter A. General Provisions and Prohibited Restraints › Section 15.04. Purpose and Construction

Sec. 15.04.  PURPOSE AND CONSTRUCTION.  The purpose of this Act is to maintain and promote economic competition in trade and commerce occurring wholly or partly within the State of Texas and to provide the benefits of that competition to consumers in the state.  The provisions of this Act shall be construed to accomplish this purpose and shall be construed in harmony with federal judicial interpretations of comparable federal antitrust statutes to the extent consistent with this purpose.
Amended by Acts 1983, 68th Leg., p. 3010, ch. 519, Sec. 1, eff. Aug. 29, 1983;  Acts 1991, 72nd Leg., ch. 242, Sec. 6.02, eff. Sept. 1, 1991.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter B. Procedure and Evidence › Section 15.11. Party to Suit May Subpoena Witness

Sec. 15.11.  PARTY TO SUIT MAY SUBPOENA WITNESS.  (a)  A party to a suit brought to enforce any of the prohibitions in Section 15.05 of this Act or to enforce the laws conserving natural resources may apply to the clerk of the court in which the suit is pending to subpoena a witness located anywhere in the state.  On receipt of the application, the clerk shall issue the subpoena applied for but may not issue more than five subpoenas for a party without first obtaining the court's written approval.
(b)  A witness subpoenaed under Subsection (a) of this section who fails to appear and testify in compliance with the subpoena is guilty of contempt of court and may be fined not more than $100 and attached and imprisoned in the county jail until he or she appears in court and testifies as required.
Added by Acts 1983, 68th Leg., p. 3019, ch. 519, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter B. Procedure and Evidence › Section 15.12. Additional Procedures

Sec. 15.12.  ADDITIONAL PROCEDURES.  In addition to the procedures set forth in this subchapter, the attorney general and any other party to a suit brought by the attorney general to enforce any of the prohibitions in Section 15.05 of this Act may request discovery and production of documents and other things, serve written interrogatories, and subpoena and depose witnesses in accordance with the applicable provisions of the Texas Rules of Civil Procedure and other state law relating to discovery.
Amended by Acts 1983, 68th Leg., p. 3019, ch. 519, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter B. Procedure and Evidence › Section 15.13. Immunity From Criminal Prosecution

Sec. 15.13.  IMMUNITY FROM CRIMINAL PROSECUTION.  (a)  Application by Attorney General.  If a person upon whom an investigative demand or request for discovery has been properly served pursuant to Section 15.10, 15.11, or 15.12 of this Act refuses or is likely to refuse to comply with the demand or request on the basis of his or her privilege against self-incrimination, the attorney general may apply to a district court in the county in which the person is located for an order granting the person immunity from prosecution and compelling the person's compliance with the demand or request.
(b)  Order Granting Immunity and Compelling Testimony and Production.  Upon receipt of an application filed under Subsection (a) of this section, the court may issue an order granting the person immunity from prosecution and requiring the person to comply with the demand or request notwithstanding his or her claim of privilege.  The order shall explain the scope of protection afforded by it.
(c)  Effectiveness of Order.  An order may be issued under Subsection (b) of this section prior to the assertion of the privilege against self-incrimination but shall not be effective until the person to whom it is directed asserts the privilege and is informed of the order.
(d)  Compliance with Order.  A person who has been informed of an order issued by a court under this section compelling his or her testimony or production of material may not refuse to comply with the order on the basis of his or her privilege against self-incrimination.  A person who complies with the order may not be criminally prosecuted for or on account of any act, transaction, matter, or thing about which he or she is ordered to testify or produce unless the alleged offense is perjury or failure to comply with the order.  Failure to comply with the order may be punished by the court as contempt of the order.
Amended by Acts 1983, 68th Leg., p. 3019, ch. 519, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter B. Procedure and Evidence › Section 15.16. Declaratory Judgment Action

Sec. 15.16.  DECLARATORY JUDGMENT ACTION.  (a)  A person (other than a foreign corporation not having a permit or certificate of authority to do business in this state) uncertain of whether or not his or her action or proposed action violates or will violate the prohibitions contained in Section 15.05 of this Act may file suit against the state for declaratory judgment, citing this section as authority, in one of the Travis County district courts.
(b)  Citation and all process in the suit shall be served on the attorney general, who shall represent the state.  The petition shall describe in detail the person's action or proposed action and all other relevant facts, and the court in its declaratory judgment shall fully recite the action or proposed action and other facts considered.
(c)  A declaratory judgment granted under this section which rules that action or proposed action does not violate the prohibitions contained in Section 15.05 of this Act:
(1)  shall be strictly construed and may not be extended by implication to an action or fact not recited in the judgment;
(2)  does not bind the state with reference to a person not a party to the suit in which the judgment was granted;  and
(3)  does not estop the state from subsequently establishing a violation of the prohibitions contained in Section 15.05 of this Act based on an action or fact not recited in the declaratory judgment, which action or fact, when combined with an action or fact recited in the judgment, constitutes a violation of the prohibitions contained in Section 15.05 of this Act.
(d)  A person filing suit under this section shall pay all costs of the suit.
Amended by Acts 1983, 68th Leg., p. 3019, ch. 519, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter C. Enforcement › Section 15.20. Civil Suits by the State

Sec. 15.20.  CIVIL SUITS BY THE STATE.  (a)  Suit to Collect Civil Fine.  The attorney general may file suit in district court in Travis County or in any county in the State of Texas in which any of the named defendants resides, does business, or maintains its principal office on behalf of the State of Texas to collect a civil fine from any person, other than a municipal corporation, whom the attorney general believes has violated any of the prohibitions in Subsection (a), (b), or (c) of Section 15.05 of this Act.  An individual or other person adjudged to have violated any of these prohibitions shall pay a fine to the state in an amount not to exceed:
(1)  if an individual, $300,000; or
(2)  if any other person:
(A)  $3 million, if the lesser of the person's assets or market capitalization is less than $100 million;
(B)  $20 million, if the lesser of the person's assets or market capitalization is at least $100 million but less than $500 million; or
(C)  $30 million, if the lesser of the person's assets or market capitalization is $500 million or more.
(b)  Suit for Injunctive Relief.  The attorney general may file suit against any person, other than a municipal corporation, in district court in Travis County, or in any county in the State of Texas in which any of the named defendants resides, does business, or maintains its principal office on behalf of the State of Texas to enjoin temporarily or permanently any activity or contemplated activity that violates or threatens to violate any of the prohibitions in Section 15.05 of this Act.  In any such suit, the court shall apply the same principles as those generally applied by courts of equity in suits for injunctive relief against threatened conduct that would cause injury to business or property.  In any such suit in which the state substantially prevails on the merits, the state shall be entitled to recover the cost of suit.
Upon finding a violation of the prohibition against acquiring the stock, share capital, or assets of a person in Subsection (d) of Section 15.05 of this Act, the court shall, upon further finding that no other remedy will eliminate the lessening of competition, order the divestiture or other disposition of the stock, share capital, or assets and shall prescribe a reasonable time, manner, and degree of the divestiture or other disposition.
(c)  No suit filed under Subsection (a) or (b) of this section may be transferred to another county except on order of the court.
(d)  Nothing in this section shall be construed to limit the constitutional or common law authority of the attorney general to bring actions under state and federal law.
Amended by Acts 1983, 68th Leg., p. 3034, ch. 519, Sec. 3, eff. Aug. 29, 1983.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 906 (H.B. 5232), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter C. Enforcement › Section 15.22. Criminal Suits

Sec. 15.22.  CRIMINAL SUITS.  (a)  Every person, other than a municipal corporation, who acts in violation of any of the prohibitions in Section 15.05(a) or (b) shall be deemed guilty of a felony and upon conviction shall be punished by confinement in the Texas Department of Criminal Justice for a term of not more than three years or by a fine not to exceed $5,000 or by both.
(b)  A district attorney or criminal district attorney may file criminal suit to enforce the provisions in Subsection (a) of this section in district court in Travis County or in any county in which any of the acts that allegedly have contributed to a violation of any of the prohibitions in Subsections (a) and (b) of Section 15.05 of this Act are alleged to have occurred or to be occurring.
Amended by Acts 1983, 68th Leg., p. 3034, ch. 519, Sec. 3, eff. Aug. 29, 1983.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.010, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter C. Enforcement › Section 15.24. Judgment in Favor of the State Evidence in Action

Sec. 15.24.  JUDGMENT IN FAVOR OF THE STATE EVIDENCE IN ACTION.  A final judgment rendered in an action brought under Section 15.20 or 15.22 of this Act to the effect that a defendant or defendants have violated any of the prohibitions in Section 15.05 of this Act is prima facie evidence against such defendant or defendants in any action brought under Section 15.21 as to all matters with respect to which the judgment would be an estoppel between the parties to the suit.  This section shall not apply to consent judgments or decrees entered before any testimony has been taken.
Added by Acts 1983, 68th Leg., p. 3034, ch. 519, Sec. 3, eff. Aug. 29, 1983.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter C. Enforcement › Section 15.25. Limitation of Actions

Sec. 15.25.  LIMITATION OF ACTIONS.  (a)  Any suit to recover damages under Section 15.21 of this Act is barred unless filed within four years after the cause of action accrued or within one year after the conclusion of any action brought by the state under Section 15.20 or 15.22 of this Act based in whole or in part on the same conduct, whichever is longer.  For the purpose of this subsection, a cause of action for a continuing violation is considered to accrue at any and all times during the period of the violation.
(b)  No suit under this Act shall be barred on the grounds that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.  It is the intent of the legislature to exercise its powers to the full extent consistent with the constitutions of the State of Texas and the United States.
Added by Acts 1983, 68th Leg., p. 3034, ch. 519, Sec. 3, eff. Aug. 29, 1983.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter C. Enforcement › Section 15.26. Jurisdiction

Sec. 15.26.  JURISDICTION.  Whenever any suit or petition is filed in the district court in any county in the State of Texas as provided for in Section 15.10, 15.20, 15.21, or 15.22 of this Act, the court shall have jurisdiction and venue to hear and determine the matter presented and to enter any order or orders required to implement the provisions of this Act.  Once suit is properly filed, it may be transferred to another county upon order of the court for good cause shown.
Added by Acts 1983, 68th Leg., p. 3034, ch. 519, Sec. 3, eff. Aug. 29, 1983.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter D. Recovery of Damages Pursuant to Federal Antitrust Laws › Section 15.40. Authority, Powers, and Duties of Attorney General

Sec. 15.40.  AUTHORITY, POWERS, AND DUTIES OF ATTORNEY GENERAL.  (a)  The attorney general may bring an action on behalf of the state or of any of its political subdivisions or tax supported institutions to recover the damages provided for by the federal antitrust laws, Title 15, United States Code, provided that the attorney general shall notify in writing any political subdivision or tax supported institution of his intention to bring any such action on its behalf, and at any time within 30 days thereafter, such political subdivision or tax supported institution may, by formal resolution of its governing body or as otherwise specifically provided by applicable law, withdraw the authority of the attorney general to bring the intended action.  In any action brought pursuant to this section on behalf of any political subdivision or tax supported institution of the state, the state shall retain for deposit in the general revenue fund of the State Treasury, out of the proceeds, if any, resulting from such action, an amount equal to the expense incurred by the state in the investigation and prosecution of such action.
(b)  In any action brought by the attorney general pursuant to the federal antitrust laws for the recovery of damages by the estate  or any of its political subdivisions or tax supported institutions, in addition to his other powers and authority the attorney general may enter into contracts relating to the investigation and the prosecution of such action with any other party who could bring a similar action or who has brought such an action for the recovery of damages and with whom the attorney general finds it advantageous to act jointly, or to share common expenses or to cooperate in any manner relative to such action.  In any such action the attorney general may undertake, among other things, either to render legal services as special counsel to, or to obtain the legal services of special counsel from, any department or agency of the United States, any other state or any department or agency thereof, any county, city, public corporation or public district of this state or of any other state, that has brought or intends to bring a similar action for the recovery of damages, or their duly authorized legal representatives in such action.
Added by Acts 1969, 61st Leg., p. 1708, ch. 559, Sec. 1, eff. June 10, 1969.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter E. Covenants Not to Compete › Section 15.50. Criteria for Enforceability of Covenants Not to Compete

Sec. 15.50.  CRITERIA FOR ENFORCEABILITY OF COVENANTS NOT TO COMPETE.  (a)  Notwithstanding Section 15.05 of this code, and subject to any applicable provision of Subsection (b), a covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable and do not impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee.
(b)  A covenant not to compete relating to the practice of medicine is enforceable against a person licensed as a physician by the Texas Medical Board if such covenant complies with the following requirements:
(1)  the covenant must:
(A)  not deny the physician access to a list of his patients whom he had seen or treated within one year of termination of the contract or employment;
(B)  provide access to medical records of the physician's patients upon authorization of the patient and any copies of medical records for a reasonable fee as established by the Texas Medical Board under Section 159.008, Occupations Code; and
(C)  provide that any access to a list of patients or to patients' medical records after termination of the contract or employment shall not require such list or records to be provided in a format different than that by which such records are maintained except by mutual consent of the parties to the contract;
(2)  the covenant must provide for a buy out of the covenant by the physician at a reasonable price or, at the option of either party, as determined by a mutually agreed upon arbitrator or, in the case of an inability to agree, an arbitrator of the court whose decision shall be binding on the parties; and
(3)  the covenant must provide that the physician will not be prohibited from providing continuing care and treatment to a specific patient or patients during the course of an acute illness even after the contract or employment has been terminated.
(c)  Subsection (b) does not apply to a physician's business ownership interest in a licensed hospital or licensed ambulatory surgical center.
Added by Acts 1989, 71st Leg., ch. 1193, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 965, Sec. 1, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1574, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.729, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 971 (H.B. 3623), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter E. Covenants Not to Compete › Section 15.51. Procedures and Remedies in Actions to Enforce Covenants Not to Compete

Sec. 15.51.  PROCEDURES AND REMEDIES IN ACTIONS TO ENFORCE COVENANTS NOT TO COMPETE.  (a)  Except as provided in Subsection (c) of this section, a court may award the promisee under a covenant not to compete damages, injunctive relief, or both damages and injunctive relief for a breach by the promisor of the covenant.
(b)  If the primary purpose of the agreement to which the covenant is ancillary is to obligate the promisor to render personal services, for a term or at will, the promisee has the burden of establishing that the covenant meets the criteria specified by Section 15.50 of this code.  If the agreement has a different primary purpose, the promisor has the burden of establishing that the covenant does not meet those criteria.  For the purposes of this subsection, the "burden of establishing" a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its nonexistence.
(c)  If the covenant is found to be ancillary to or part of an otherwise enforceable agreement but contains limitations as to time, geographical area, or scope of activity to be restrained that are not reasonable and impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee, the court shall reform the covenant to the extent necessary to cause the limitations contained in the covenant as to time, geographical area, and scope of activity to be restrained to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill or other business interest of the promisee and enforce the covenant as reformed, except that the court may not award the promisee damages for a breach of the covenant before its reformation and the relief granted to the promisee shall be limited to injunctive relief.  If the primary purpose of the agreement to which the covenant is ancillary is to obligate the promisor to render personal services, the promisor establishes that the promisee knew at the time of the execution of the agreement that the covenant did not contain limitations as to time, geographical area, and scope of activity to be restrained that were reasonable and the limitations imposed a greater restraint than necessary to protect the goodwill or other business interest of the promisee, and the promisee sought to enforce the covenant to a greater extent than was necessary to protect the goodwill or other business interest of the promisee, the court may award the promisor the costs, including reasonable attorney's fees, actually and reasonably incurred by the promisor in defending the action to enforce the covenant.
Added by Acts 1989, 71st Leg., ch. 1193, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 965, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 15 - Monopolies, Trusts and Conspiracies in Restraint of Trade › Subchapter E. Covenants Not to Compete › Section 15.52. Preemption of Other Law

Sec. 15.52.  PREEMPTION OF OTHER LAW.  The criteria for enforceability of a covenant not to compete provided by Section 15.50 of this code and the procedures and remedies in an action to enforce a covenant not to compete provided by Section 15.51 of this code are exclusive and preempt any other criteria for enforceability of a covenant not to compete or procedures and remedies in an action to enforce a covenant not to compete under common law or otherwise.
Added by Acts 1993, 73rd Leg., ch. 965, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter A. General Provisions › Section 16.001. Definitions

Sec. 16.001.  DEFINITIONS.  In this chapter:
(1)  "Applicant" means a person applying for registration of a mark under this chapter.  The term includes the person's legal representative, successor, and assignee.
(2)  "Dilution" means dilution by blurring or dilution by tarnishment, without regard to the presence or absence of:
(A)  competition between the owner of a famous mark and another person;
(B)  actual or likely confusion, mistake, or deception; or
(C)  actual economic harm.
(3)  "Dilution by blurring" means an association arising from the similarity between a mark or trade name and a famous mark that impairs the famous mark's distinctiveness.
(4)  "Dilution by tarnishment" means an association arising from the similarity between a mark or trade name and a  famous mark that harms the famous mark's reputation.
(5)  "Mark" includes a trademark or service mark that is registrable under this chapter, regardless of whether the trademark or service mark is actually registered.
(6)  "Person," with respect to the applicant or another person who is entitled to a benefit or privilege or is rendered liable under this chapter, includes:
(A)  a natural person; and
(B)  a firm, partnership, corporation, association, union, or other organization that may sue or be sued in that capacity.
(7)  "Registrant" means the person to whom a registration of a mark has been issued under this chapter.  The term includes the person's legal representative, successor, or assignee.
(8)  "Service mark":
(A)  means a word, name, symbol, or device, or any combination of those terms, used by a person to:
(i)  identify and distinguish the services of one person, including a unique service, from the services of another; and
(ii)  indicate the source of the services, regardless of whether the source is unknown;  and
(B)  includes the titles, character names used by a person, and other distinctive features of radio or television programs, regardless of whether the titles, character names, or programs advertise the sponsor's goods.
(9)  "Trade name" means a name used by a person to identify the person's business or vocation.
(10)  "Trademark" means a word, name, symbol, or device, or any combination of those terms, used by a person to:
(A)  identify and distinguish the person's goods, including a unique product, from the goods manufactured or sold by another; and
(B)  indicate the source of the goods, regardless of whether the source is unknown.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter A. General Provisions › Section 16.002. Inapplicability of Chapter

Sec. 16.002.  INAPPLICABILITY OF CHAPTER.  (a)  This chapter does not apply to the registration or use of a livestock brand or other indicia of ownership of goods that do not qualify as a mark.
(b)  Except as provided by this subsection, a trade name is not registrable under this chapter.  If a trade name is also a service mark or trademark, the trade name is registrable as a service mark or trademark.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 762 (S.B. 1033), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter A. General Provisions › Section 16.003. When Mark Considered to Be in Use

Sec. 16.003.  WHEN MARK CONSIDERED TO BE IN USE.  (a)  A mark is considered to be in use in this state in connection with goods when:
(1)  the mark is placed in any manner on:
(A)  the goods;
(B)  containers of the goods;
(C)  displays associated with the goods;
(D)  tags or labels affixed to the goods; or
(E)  documents associated with the goods or sale of the goods, if the nature of the goods makes placement described by Paragraphs (A) through (D) impracticable; and
(2)  the goods are sold or transported in commerce in this state.
(b)  A mark is considered to be in use in this state in connection with services when:
(1)  the mark is used or displayed in this state in connection with selling or advertising the services; and
(2)  the services are rendered in this state.
(c)  Use of a mark made merely to reserve a right in the mark is not considered to be a bona fide use of a mark for purposes of this chapter.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 762 (S.B. 1033), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter A. General Provisions › Section 16.004. When Mark Considered to Be Abandoned

Sec. 16.004.  WHEN MARK CONSIDERED TO BE ABANDONED.  (a)  A mark is considered to be abandoned when:
(1)  the mark's use has been discontinued with intent not to resume the use; or
(2)  the owner's conduct, including an omission or commission of an act, causes the mark to lose its significance as a mark.
(b)  Intent not to resume use of a mark under Subsection (a)(1) may be inferred from the circumstances.
(c)  Nonuse of a mark as described by Subsection (a)(1) for three consecutive years constitutes prima facie evidence of the mark's abandonment.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.051. Registrable Marks

Sec. 16.051.  REGISTRABLE MARKS.  (a)  A mark that distinguishes an applicant's goods or services from those of others is registrable unless the mark:
(1)  consists of or comprises matter that is immoral, deceptive, or scandalous;
(2)  consists of or comprises matter that may disparage, falsely suggest a connection with, or bring into contempt or disrepute:
(A)  a person, whether living or dead;
(B)  an institution;
(C)  a belief; or
(D)  a national symbol;
(3)  depicts, comprises, or simulates the flag, the coat of arms, the seal, the geographic outline, or other insignia of:
(A)  the United States;
(B)  a state;
(C)  a municipality; or
(D)  a foreign nation;
(4)  consists of or comprises the name, signature, or portrait of a particular living individual who has not consented in writing to the mark's registration;
(5)  when used on or in connection with the applicant's goods or services:
(A)  is merely descriptive or deceptively misdescriptive of the applicant's goods or services; or
(B)  is primarily geographically descriptive or deceptively misdescriptive of the applicant's goods or services;
(6)  is primarily merely a surname; or
(7)  is likely to cause confusion or mistake, or to deceive, because, when used on or in connection with the applicant's goods or services, it resembles:
(A)  a mark registered in this state; or
(B)  an unabandoned mark registered with the United States Patent and Trademark Office.
(b)  Subsection (a)(5) or (6) does not prevent the registration of a mark used by the applicant that has become distinctive as applied to the applicant's goods or services.  The secretary of state may accept as evidence that a mark has become distinctive, when used on or in connection with the applicant's goods or services, proof of continuous use of the mark as such by the applicant in this state for the five years preceding the date on which the claim of distinctiveness is made.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 16.001, eff. September 1, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.052. Application for Registration

Sec. 16.052.  APPLICATION FOR REGISTRATION.  (a)  Subject to the limitations prescribed by this chapter, a person who uses a mark may file an application to register the mark in the office of the secretary of state in the manner prescribed by the secretary of state.
(b)  The application must include:
(1)  the name and business address of the applicant;
(2)  if the applicant is a corporation, the state under whose laws the applicant was incorporated or organized;
(3)  if the applicant is a partnership, the state under whose laws the partnership was organized and the names of the general partners;
(4)  the names or a description of the goods or services on or in connection with which the mark is being used;
(5)  the mode or manner in which the mark is being used on or in connection with the goods or services;
(6)  the class to which the goods or services belong;
(7)  the date the applicant or applicant's predecessor in interest first used the mark anywhere;
(8)  the date the applicant or the applicant's predecessor in interest first used the mark in this state;  and
(9)  a statement that:
(A)  the applicant is the owner of the mark;
(B)  the mark is in use; and
(C)  to the knowledge of the person verifying the application, no other person:
(i)  has registered the mark, either federally or in this state; or
(ii)  is entitled to use the mark in this state:
(a)  in the identical form used by the applicant; or
(b)  in a form that is likely, when used on or in connection with the goods or services of the other person, to cause confusion or mistake, or to deceive, because of its resemblance to the mark.
(c)  The secretary of state may also require a statement as to whether the applicant or the applicant's predecessor in interest has filed an application to register the mark, or a portion or composite of the mark, with the United States Patent and Trademark Office, and, if so, the applicant shall fully disclose information with respect to that filing, including:
(1)  the filing date and serial number of each application;
(2)  the status of the filing; and
(3)  if any application was finally refused registration or has not otherwise resulted in the issuance of a registration, the reasons for the refusal or nonissuance.
(d)  The application must be accompanied by:
(1)  three specimens of the mark as actually used; and
(2)  an application fee payable to the secretary of state.
(e)  The application must be signed and verified by the oath or affirmation of:
(1)  the applicant; or
(2)  a member of the firm or officer of the corporation or association that is applying for registration of the mark, as applicable.
(f)  The secretary of state may also require that a drawing of the mark that complies with any requirement specified by the secretary of state accompany the application.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.053. Filing of Application; Examination

Sec. 16.053.  FILING OF APPLICATION; EXAMINATION.  (a)  On the filing of an application for registration and payment of the application fee, the secretary of state shall examine the application for compliance with this chapter.
(b)  The applicant shall provide to the secretary of state any additional pertinent information requested by the secretary of state, including a description of a design mark.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.054. Amendment to Application

Sec. 16.054.  AMENDMENT TO APPLICATION.  (a)  In response to the secretary of state's rejection of or objection to the registration, the applicant may amend, or authorize the secretary of state to amend, the application on reasonable request of the secretary of state or if the applicant considers it advisable.
(b)  The secretary of state, on agreement by the applicant, may amend the application submitted by the applicant.  The secretary of state may require the applicant to submit a new application instead of amending the application.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.