reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 114 - Human Trafficking Awareness and Prevention in Commercial Lodging Establishments › Subchapter B. Measures to Prevent Human Trafficking › Section 114.0051. Training Required

Sec. 114.0051.  TRAINING REQUIRED.  (a)  The operator of a commercial lodging establishment shall require each employee who is directly employed by the establishment to complete an annual human trafficking awareness and prevention training program.  The training program, including any supporting supplemental training material, must:
(1)  be not less than 20 minutes in duration;
(2)  be approved by the attorney general or appear on the list of preapproved training programs published by the attorney general;
(3)  be completed by a new employee of the establishment not later than the 90th day after the date the employee is hired;
(4)  provide a certificate of completion for an employee who completes the training; and
(5)  include:
(A)  an overview of human trafficking, including a description of:
(i)  the experience of human trafficking victims;
(ii)  how and why human trafficking takes place in the hospitality industry; and
(iii)  how human trafficking is defined;
(B)  guidance on how to identify individuals who are most at risk for human trafficking;
(C)  information on the difference between labor and sex trafficking as that relates to identification of human trafficking in the hospitality industry;
(D)  guidance on the role of an employee in reporting and responding to human trafficking; and
(E)  the contact information of appropriate entities for reporting human trafficking, including:
(i)  the National Human Trafficking Hotline toll-free telephone number and text line;
(ii)  appropriate law enforcement agencies; and
(iii)  a telephone number designated by the attorney general for reporting suspected human trafficking.
(b)  The training required under this section may be offered in person or online. Online training must include a pacing mechanism that requires the employee to read all course materials, view all videos, complete all coursework, and certify that the employee has completed all coursework before issuing a certificate of completion.
(c)  The attorney general shall publish on the attorney general's Internet website a list of preapproved training programs that satisfy the requirements for the human trafficking awareness and prevention training program required by this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 114 - Human Trafficking Awareness and Prevention in Commercial Lodging Establishments › Subchapter B. Measures to Prevent Human Trafficking › Section 114.0052. Training Compliance; Record Retention

Sec. 114.0052.  TRAINING COMPLIANCE; RECORD RETENTION. (a) The operator of a commercial lodging establishment shall maintain, in the form and manner prescribed by the attorney general, all documentation and certificates of completion for all current and former employees of the establishment who have completed the human trafficking training required by Section 114.0051.
(b)  The operator shall maintain sufficient records to show the operator's compliance with Section 114.0051 and shall provide the records to the attorney general, in the form and manner prescribed by the attorney general, not later than 72 hours after the attorney general requests the records.
Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 114 - Human Trafficking Awareness and Prevention in Commercial Lodging Establishments › Subchapter B. Measures to Prevent Human Trafficking › Section 114.0053. Sign Required

Sec. 114.0053.  SIGN REQUIRED.  The operator of a commercial lodging establishment shall display at the commercial lodging establishment a sign, in the form prescribed by the attorney general, that:
(1)  includes a statement that employees of the commercial lodging establishment are required to receive annual human trafficking training and may not be disciplined, retaliated against, or otherwise discriminated against for making a good faith report of a suspected act of human trafficking;
(2)  includes information on how to recognize and report human trafficking, including a list of indicators of human trafficking;
(3)  includes a phone number designated by the attorney general for reporting a suspected act of human trafficking or a violation of this chapter;
(4)  includes the contact information for reporting suspicious activity to the Department of Public Safety;
(5)  is at least 11 inches by 17 inches in size and written in at least a 16-point font;
(6)  is posted separately in English, Spanish, and any other primary language spoken by 10 percent or more of the establishment's employees; and
(7)  is posted in a location that is easily visible to all employees.
Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 114 - Human Trafficking Awareness and Prevention in Commercial Lodging Establishments › Subchapter B. Measures to Prevent Human Trafficking › Section 114.0054. Discrimination and Retaliation Prohibited

Sec. 114.0054.  DISCRIMINATION AND RETALIATION PROHIBITED.  The operator of a commercial lodging establishment may not discipline, retaliate against, or otherwise discriminate against an employee who in good faith reports a suspected act of human trafficking to the operator, a law enforcement agency, the National Human Trafficking Resource Center, the attorney general, or any other appropriate authority.
Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 114 - Human Trafficking Awareness and Prevention in Commercial Lodging Establishments › Subchapter C. Enforcement › Section 114.0101. Entry by Peace Officer

Sec. 114.0101.  ENTRY BY PEACE OFFICER.  A peace officer may enter the premises of a commercial lodging establishment between the hours of 9 a.m. and 5 p.m. Monday through Friday to ensure compliance with this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 114 - Human Trafficking Awareness and Prevention in Commercial Lodging Establishments › Subchapter C. Enforcement › Section 114.0102. Opportunity to Cure

Sec. 114.0102.  OPPORTUNITY TO CURE.  If the attorney general has reason to believe an operator of a commercial lodging establishment has violated this chapter, the attorney general shall provide written notice to the operator that:
(1)  describes the operator's violation;
(2)  states that the commercial lodging establishment may be liable for a civil penalty if the operator does not cure the violation before the 30th day after the date the operator receives the notice; and
(3)  includes the maximum potential civil penalty that may be imposed for the violation.
Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 114 - Human Trafficking Awareness and Prevention in Commercial Lodging Establishments › Subchapter C. Enforcement › Section 114.0103. Civil Penalty

Sec. 114.0103.  CIVIL PENALTY.  (a)  If the operator of a commercial lodging establishment fails to cure a violation of this chapter before the 30th day after the date the operator receives notice of the violation under Section 114.0102, the establishment is liable to this state for a civil penalty in an amount not to exceed $500 for each violation. Each day a violation continues is a separate violation for purposes of imposing the civil penalty.
(b)  In determining the amount of a civil penalty to impose under this section, a court must consider:
(1)  the seriousness of a violation;
(2)  a history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  efforts made to correct a violation; and
(5)  any other matter that justice may require.
Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 114 - Human Trafficking Awareness and Prevention in Commercial Lodging Establishments › Subchapter C. Enforcement › Section 114.0104. Action by Attorney General

Sec. 114.0104.  ACTION BY ATTORNEY GENERAL.  (a)  The attorney general may bring an action in the name of the state:
(1)  to recover a civil penalty imposed under Section 114.0103; or
(2)  for injunctive relief to require compliance with this chapter.
(b)  An action under this section may be brought in a district court in:
(1)  Travis County; or
(2)  a county in which any part of the violation or threatened violation occurs.
(c)  The attorney general may recover reasonable expenses incurred in obtaining injunctive relief or a civil penalty under this section, including court costs, reasonable attorney's fees, and investigatory costs.
Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 115 - Sales and Leasing of Distributed Renewable Generation Resources › Section 115.001. Definitions

Sec. 115.001.  DEFINITIONS.  In this chapter:
(1)  "Distributed renewable generation" has the meaning assigned by Section 39.916, Utilities Code.
(2)  "Small commercial customer" has the meaning assigned by Section 39.202(o), Utilities Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 561 (S.B. 398), Sec. 1, eff. September 1, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(1), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 115 - Sales and Leasing of Distributed Renewable Generation Resources › Section 115.002. Applicability

Sec. 115.002.  APPLICABILITY.  (a)  This chapter applies to a seller or lessor of distributed renewable generation resources.
(b)  This chapter does not apply to:
(1)  a transaction involving the sale or transfer of the real property on which a distributed renewable generation resource is located;
(2)  a person, including a person acting through the person's officers, employees, brokers, or agents, who markets, sells, solicits, negotiates, or enters into an agreement for the sale or financing of a distributed renewable generation resource as part of a transaction involving the sale or transfer of the real property on which the distributed renewable generation resource is or will be affixed; or
(3)  a third party that enters into an agreement for the financing of a distributed renewable generation resource.
Added by Acts 2021, 87th Leg., R.S., Ch. 561 (S.B. 398), Sec. 1, eff. September 1, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(1), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 115 - Sales and Leasing of Distributed Renewable Generation Resources › Section 115.003. Lease, Sales, and Installation Disclosures

Sec. 115.003.  LEASE, SALES, AND INSTALLATION DISCLOSURES.  A seller or lessor who enters into a purchase, lease, or power purchase agreement with a residential or small commercial customer for the operation of a distributed renewable generation resource shall provide to the customer in writing:
(1)  contact information of the salesperson and installer of the generation resource;
(2)  a description of all equipment to be installed;
(3)  the cost of all equipment to be installed;
(4)  a detailed accounting of fees associated with the installation or operation of the generation resource;
(5)  representations, if any, made as part of the agreement regarding the expected operational performance and financial performance of the generation resource; and
(6)  all applicable warranties.
Added by Acts 2021, 87th Leg., R.S., Ch. 561 (S.B. 398), Sec. 1, eff. September 1, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(1), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 115 - Sales and Leasing of Distributed Renewable Generation Resources › Section 115.004. Additional Disclosures for Lease Agreements

Sec. 115.004.  ADDITIONAL DISCLOSURES FOR LEASE AGREEMENTS.  In addition to the disclosures required under Section 115.003, a lessor shall provide to a leasing residential or small commercial customer in writing:
(1)  the term and rate of the lease, including any payment escalators or other terms that affect the customer's payments; and
(2)  a statement of whether the lease and any applicable warranty or maintenance agreement is transferable to a subsequent purchaser of the property where the distributed renewable generation resource is installed.
Added by Acts 2021, 87th Leg., R.S., Ch. 561 (S.B. 398), Sec. 1, eff. September 1, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(1), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(1), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 115 - Sales and Leasing of Distributed Renewable Generation Resources › Section 115.005. Disclosures for Power Purchase Agreements

Sec. 115.005.  DISCLOSURES FOR POWER PURCHASE AGREEMENTS.  A residential or small commercial customer who enters into a power purchase agreement is entitled to receive in writing:
(1)  the disclosures required under Sections 115.003(1), (2), (5), and (6);
(2)  the term and rate of the power purchase agreement, including any payment escalators or other terms that affect the customer's payments; and
(3)  whether the power purchase agreement and any applicable warranty or maintenance agreement is transferable to a subsequent purchaser of the property where the distributed renewable generation resource is installed.
Added by Acts 2021, 87th Leg., R.S., Ch. 561 (S.B. 398), Sec. 1, eff. September 1, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(1), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(2), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 116 - Fees for Certain Payment Methods › Section 116.0001. Definitions

Sec. 116.0001.  DEFINITIONS.  In this chapter:
(1)  "Payee" means an individual who resides in this state or a corporation, trust, partnership, association, or other private legal entity authorized to do business in this state that receives money as payment under an agreement.
(2)  "Person" means an individual, corporation, trust, partnership, association, or other private legal entity.
Added by Acts 2021, 87th Leg., R.S., Ch. 230 (H.B. 876), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 116 - Fees for Certain Payment Methods › Section 116.0002. Fee for Certain Payments by Paper Check Prohibited

Sec. 116.0002.  FEE FOR CERTAIN PAYMENTS BY PAPER CHECK PROHIBITED.  (a) A person that makes a payment to a payee may not charge an additional fee to the payee because the payee elects to receive the payment by paper check instead of by an automated clearinghouse transaction or other electronic funds transfer.
(b)  A provision in a contract permitting a person to charge or collect a fee from a payee in violation of Subsection (a) is void and unenforceable.
Added by Acts 2021, 87th Leg., R.S., Ch. 230 (H.B. 876), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 117 - Prohibition on Agreements With Certain Foreign-Owned Companies in Connection With Critical Infrastructure › Section 117.001. Definitions

Sec. 117.001.  DEFINITIONS.  In this chapter:
(1)  "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit.
(2)  "Critical infrastructure" means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.
(3)  "Cybersecurity" means the measures taken to protect a computer, computer network, computer system, or other technology infrastructure against unauthorized use or access.
(4)  "Designated country" means a country designated by the governor as a threat to critical infrastructure under Section 117.003.
(5)  "Affiliate," with respect to a company entering into an agreement in which the critical infrastructure is electric grid equipment, has the meaning assigned by the protocols of the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region.
Added by Acts 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116), Sec. 2, eff. June 18, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 464 (S.B. 2013), Sec. 1, eff. June 9, 2023.
Redesignated from Business and Commerce Code, Chapter 113 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(2), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(3), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 117 - Prohibition on Agreements With Certain Foreign-Owned Companies in Connection With Critical Infrastructure › Section 117.002. Prohibited Access to Critical Infrastructure

Sec. 117.002.  PROHIBITED ACCESS TO CRITICAL INFRASTRUCTURE.  (a)  A business entity may not enter into an agreement relating to critical infrastructure in this state with a company:
(1)  if, under the agreement, the company would be granted direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the business entity for product warranty and support purposes; and
(2)  if the business entity knows that the company is:
(A)  owned by or the majority of stock or other ownership interest of the company is held or controlled by:
(i)  individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; or
(ii)  a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or
(B)  headquartered in China, Iran, North Korea, Russia, or a designated country.
(b)  The prohibition described by Subsection (a) applies regardless of whether:
(1)  the company's or its parent company's securities are publicly traded; or
(2)  the company or its parent company is listed on a public stock exchange as:
(A)  a Chinese, Iranian, North Korean, or Russian company; or
(B)  a company of a designated country.
Added by Acts 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116), Sec. 2, eff. June 18, 2021.
Redesignated from Business and Commerce Code, Chapter 113 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(2), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 117 - Prohibition on Agreements With Certain Foreign-Owned Companies in Connection With Critical Infrastructure › Section 117.003. Designation of Country as Threat to Critical Infrastructure

Sec. 117.003.  DESIGNATION OF COUNTRY AS THREAT TO CRITICAL INFRASTRUCTURE.  (a)  The governor, after consultation with the public safety director of the Department of Public Safety, may designate a country as a threat to critical infrastructure for purposes of this chapter.
(b)  The governor shall consult the Homeland Security Council, established under Subchapter B, Chapter 421, Government Code, to assess a threat to critical infrastructure for purposes of making a designation under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116), Sec. 2, eff. June 18, 2021.
Redesignated from Business and Commerce Code, Chapter 113 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(2), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 118 - Third-Party Food Delivery Services › Section 118.0001. Definitions

Sec. 118.0001.  DEFINITIONS.  In this chapter:
(1)  "Mark" and "trade name" have the meanings assigned by Section 16.001.
(2)  "Restaurant" has the meaning assigned by Section 1.04, Alcoholic Beverage Code.
(3)  "Third-party food delivery service" means a website, mobile application, or other service that acts as an intermediary between consumers and multiple restaurants not owned or operated by the service to arrange for the delivery or pickup of food or beverages from those restaurants.
Added by Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 6, eff. January 1, 2022.
Redesignated from Business and Commerce Code, Chapter 114 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(3), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 118 - Third-Party Food Delivery Services › Section 118.0002. Prohibited Acts

Sec. 118.0002.  PROHIBITED ACTS.  A third-party food delivery service may not:
(1)  arrange for the delivery or pickup of food or beverages from a restaurant in this state unless the service has filed a certificate of formation or registration with the secretary of state;
(2)  use a restaurant's mark or trade name in connection with the service in a misleading way that suggests the restaurant sponsors or endorses the service;
(3)  add a restaurant removed from the service under Section 118.0003 to the service unless the service has received written consent from the restaurant to add the restaurant to the service; or
(4)  charge a restaurant a fee or require the restaurant to absorb a fee in connection with the service's arrangement of an order from that restaurant unless the restaurant has agreed to pay or absorb the fee under an agreement that meets the requirements of Section 118.0004.
Added by Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 6, eff. January 1, 2022.
Redesignated from Business and Commerce Code, Chapter 114 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(3), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(4), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 118 - Third-Party Food Delivery Services › Section 118.0003. Requirements for Service

Sec. 118.0003.  REQUIREMENTS FOR SERVICE.  A third-party food delivery service shall:
(1)  provide a consumer a clearly identified mechanism for the consumer to express concerns or complaints directly to the service regarding an order arranged through the service; and
(2)  remove a restaurant from the service not later than the 10th day after the date the service receives a request from the restaurant to be removed from the service if the service does not have an agreement with the restaurant that meets the requirements of Section 118.0004.
Added by Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 6, eff. January 1, 2022.
Redesignated from Business and Commerce Code, Chapter 114 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(3), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(5), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 118 - Third-Party Food Delivery Services › Section 118.0004. Terms of Agreement With Restaurant

Sec. 118.0004.  TERMS OF AGREEMENT WITH RESTAURANT.  (a)  An agreement between a third-party food delivery service and a restaurant must:
(1)  be in writing;
(2)  expressly authorize the service to arrange for the delivery or pickup of food or beverages from that restaurant; and
(3)  clearly state each fee, including a commission or other charge, that the restaurant will be required to pay to the service or absorb in connection with an order arranged through the service.
(b)  The agreement may not include any provision that requires the restaurant to indemnify the third-party food delivery service, including an employee or independent contractor of the service, for claims or liabilities resulting from acts or omissions of the service or of an employee or independent contractor of the service.
(c)  A provision in an agreement that violates Subsection (b) is void and unenforceable.
Added by Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 6, eff. January 1, 2022.
Redesignated from Business and Commerce Code, Chapter 114 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(3), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 118 - Third-Party Food Delivery Services › Section 118.0005. Private Cause of Action

Sec. 118.0005.  PRIVATE CAUSE OF ACTION.  (a)  If a third-party food delivery service violates this chapter, a restaurant aggrieved by the violation may bring an action against the service for:
(1)  injunctive relief; and
(2)  damages in an amount equal to:
(A)  the restaurant's actual damages arising from the violation; or
(B)  the service's profits arising from the violation.
(b)  If the court finds that the defendant committed the violation knowingly or in bad faith, the court may award the plaintiff:
(1)  exemplary damages in an amount that is not more than three times the sum of:
(A)  the plaintiff's actual damages; and
(B)  the defendant's profits arising from the violation; and
(2)  the plaintiff's reasonable attorney's fees.
Added by Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 6, eff. January 1, 2022.
Redesignated from Business and Commerce Code, Chapter 114 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(3), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 119 - Commercial Building Construction Projects › Section 119.0001. Posting of Certain Information at Commercial Building Construction Site Required

Sec. 119.0001.  POSTING OF CERTAIN INFORMATION AT COMMERCIAL BUILDING CONSTRUCTION SITE REQUIRED.  (a)  In this section, "commercial" has the meaning assigned by Section 214.211, Local Government Code.
(b)  As soon as practicable after beginning construction of a commercial building project located in this state, the developer of the project shall visibly post the following information at the entrance to the construction site:
(1)  the name and contact information of the developer; and
(2)  a brief description of the project.
Added by Acts 2021, 87th Leg., R.S., Ch. 512 (S.B. 291), Sec. 1, eff. September 1, 2021.
Redesignated from Business and Commerce Code, Chapter 116 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(4), eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 120 - Social Media Platforms › Subchapter A. General Provisions › Section 120.001. Definitions

Sec. 120.001.  DEFINITIONS.  In this chapter:
(1)  "Social media platform" means an Internet website or application that is open to the public, allows a user to create an account, and enables users to communicate with other users for the primary purpose of posting information, comments, messages, or images.  The term does not include:
(A)  an Internet service provider as defined by Section 324.055;
(B)  electronic mail; or
(C)  an online service, application, or website:
(i)  that consists primarily of news, sports, entertainment, or other information or content that is not user generated but is preselected by the provider; and
(ii)  for which any chat, comments, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content described by Subparagraph (i).
(2)  "User" means a person who posts, uploads, transmits, shares, or otherwise publishes or receives content through a social media platform.  The term includes a person who has a social media platform account that the social media platform has disabled or locked.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff. December 2, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 120 - Social Media Platforms › Subchapter A. General Provisions › Section 120.002. Applicability of Chapter

Sec. 120.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a user who:
(1)  resides in this state;
(2)  does business in this state; or
(3)  shares or receives content on a social media platform in this state.
(b)  This chapter applies only to a social media platform that functionally has more than 50 million active users in the United States in a calendar month.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff. December 2, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 120 - Social Media Platforms › Subchapter A. General Provisions › Section 120.003. Construction of Chapter

Sec. 120.003.  CONSTRUCTION OF CHAPTER.  This chapter may not be construed to limit or expand intellectual property law.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff. December 2, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 120 - Social Media Platforms › Subchapter B. Disclosure Requirements › Section 120.051. Public Disclosures

Sec. 120.051.  PUBLIC DISCLOSURES.  (a)  A social media platform shall, in accordance with this subchapter, publicly disclose accurate information regarding its content management, data management, and business practices, including specific information regarding the manner in which the social media platform:
(1)  curates and targets content to users;
(2)  places and promotes content, services, and products, including its own content, services, and products;
(3)  moderates content;
(4)  uses search, ranking, or other algorithms or procedures that determine results on the platform; and
(5)  provides users' performance data on the use of the platform and its products and services.
(b)  The disclosure required by Subsection (a) must be sufficient to enable users to make an informed choice regarding the purchase of or use of access to or services from the platform.
(c)  A social media platform shall publish the disclosure required by Subsection (a) on an Internet website that is easily accessible by the public.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff. December 2, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 120 - Social Media Platforms › Subchapter B. Disclosure Requirements › Section 120.052. Acceptable Use Policy

Sec. 120.052.  ACCEPTABLE USE POLICY.  (a)  A social media platform shall publish an acceptable use policy in a location that is easily accessible to a user.
(b)  A social media platform's acceptable use policy must:
(1)  reasonably inform users about the types of content allowed on the social media platform;
(2)  explain the steps the social media platform will take to ensure content complies with the policy;
(3)  explain the means by which users can notify the social media platform of content that potentially violates the acceptable use policy, illegal content, or illegal activity, which includes:
(A)  an e-mail address or relevant complaint intake mechanism to handle user complaints; and
(B)  a complaint system described by Subchapter C; and
(4)  include publication of a biannual transparency report outlining actions taken to enforce the policy.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff. December 2, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 120 - Social Media Platforms › Subchapter B. Disclosure Requirements › Section 120.053. Biannual Transparency Report

Sec. 120.053.  BIANNUAL TRANSPARENCY REPORT.  (a)  As part of a social media platform's acceptable use policy under Section 120.052, the social media platform shall publish a biannual transparency report that includes, with respect to the preceding six-month period:
(1)  the total number of instances in which the social media platform was alerted to illegal content, illegal activity, or potentially policy-violating content by:
(A)  a user complaint;
(B)  an employee of or person contracting with the social media platform; or
(C)  an internal automated detection tool;
(2)  subject to Subsection (b), the number of instances in which the social media platform took action with respect to illegal content, illegal activity, or potentially policy-violating content known to the platform due to the nature of the content as illegal content, illegal activity, or potentially policy-violating content, including:
(A)  content removal;
(B)  content demonetization;
(C)  content deprioritization;
(D)  the addition of an assessment to content;
(E)  account suspension;
(F)  account removal; or
(G)  any other action taken in accordance with the platform's acceptable use policy;
(3)  the country of the user who provided the content for each instance described by Subdivision (2);
(4)  the number of coordinated campaigns, if applicable;
(5)  the number of instances in which a user appealed the decision to remove the user's potentially policy-violating content;
(6)  the percentage of appeals described by Subdivision (5) that resulted in the restoration of content; and
(7)  a description of each tool, practice, action, or technique used in enforcing the acceptable use policy.
(b)  The information described by Subsection (a)(2) must be categorized by:
(1)  the rule violated; and
(2)  the source for the alert of illegal content, illegal activity, or potentially policy-violating content, including:
(A)  a government;
(B)  a user;
(C)  an internal automated detection tool;
(D)  coordination with other social media platforms; or
(E)  persons employed by or contracting with the platform.
(c)  A social media platform shall publish the information described by Subsection (a) with an open license, in a machine-readable and open format, and in a location that is easily accessible to users.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff. December 2, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 120 - Social Media Platforms › Subchapter C. Complaint Procedures › Section 120.101. Complaint System

Sec. 120.101.  COMPLAINT SYSTEM.  A social media platform shall provide an easily accessible complaint system to enable a user to submit a complaint in good faith and track the status of the complaint, including a complaint regarding:
(1)  illegal content or activity; or
(2)  a decision made by the social media platform to remove content posted by the user.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff. December 2, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 120 - Social Media Platforms › Subchapter C. Complaint Procedures › Section 120.102. Processing of Complaints

Sec. 120.102.  PROCESSING OF COMPLAINTS.  A social media platform that receives notice of illegal content or illegal activity on the social media platform shall make a good faith effort to evaluate the legality of the content or activity within 48 hours of receiving the notice, excluding hours during a Saturday or Sunday and subject to reasonable exceptions based on concerns about the legitimacy of the notice.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff. December 2, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 120 - Social Media Platforms › Subchapter C. Complaint Procedures › Section 120.103. Removal of Content; Exceptions

Sec. 120.103.  REMOVAL OF CONTENT; EXCEPTIONS.  (a)  Except as provided by Subsection (b), if a social media platform removes content based on a violation of the platform's acceptable use policy under Section 120.052, the social media platform shall, concurrently with the removal:
(1)  notify the user who provided the content of the removal and explain the reason the content was removed;
(2)  allow the user to appeal the decision to remove the content to the platform; and
(3)  provide written notice to the user who provided the content of:
(A)  the determination regarding an appeal requested under Subdivision (2); and
(B)  in the case of a reversal of the social media platform's decision to remove the content, the reason for the reversal.
(b)  A social media platform is not required to provide a user with notice or an opportunity to appeal under Subsection (a) if the social media platform:
(1)  is unable to contact the user after taking reasonable steps to make contact; or
(2)  knows that the potentially policy-violating content relates to an ongoing law enforcement investigation.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff. December 2, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 120 - Social Media Platforms › Subchapter C. Complaint Procedures › Section 120.104. Appeal Procedures

Sec. 120.104.  APPEAL PROCEDURES.  If a social media platform receives a user complaint on the social media platform's removal from the platform of content provided by the user that the user believes was not potentially policy-violating content, the social media platform shall, not later than the 14th day, excluding Saturdays and Sundays, after the date the platform receives the complaint:
(1)  review the content;
(2)  determine whether the content adheres to the platform's acceptable use policy;
(3)  take appropriate steps based on the determination under Subdivision (2); and
(4)  notify the user regarding the determination made under Subdivision (2) and the steps taken under Subdivision (3).
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff. December 2, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 120 - Social Media Platforms › Subchapter D. Enforcement › Section 120.151. Action by Attorney General

Sec. 120.151.  ACTION BY ATTORNEY GENERAL.  (a)  The attorney general may bring an action against a social media platform to enjoin a violation of this chapter.
(b)  If an injunction is granted in an action brought under Subsection (a), the attorney general may recover costs incurred in bringing the action, including reasonable attorney's fees and reasonable investigative costs.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff. December 2, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 201 - Sale of Items at Flea Markets › Section 201.001. Definition

Sec. 201.001.  DEFINITION.  In this chapter, "flea market" means a location at which booths or similar spaces are rented or otherwise made temporarily available to two or more persons and at which the persons offer tangible personal property for sale.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 201 - Sale of Items at Flea Markets › Section 201.002. Inapplicability of Chapter to Certain Items

Sec. 201.002.  INAPPLICABILITY OF CHAPTER TO CERTAIN ITEMS.  This chapter does not apply to the sale or offer for sale of a nutritional supplement or vitamin.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 201 - Sale of Items at Flea Markets › Section 201.003. Sale of Certain Items Prohibited

Sec. 201.003.  SALE OF CERTAIN ITEMS PROHIBITED.  (a)  A person commits an offense if the person sells or offers for sale at a flea market:
(1)  infant formula or baby food of a type usually consumed by children younger than two years of age;
(2)  a drug, as defined by Section 431.002, Health and Safety Code; or
(3)  contact lenses, including disposable contact lenses.
(b)  It is a defense to prosecution under this section that the person selling the item:
(1)  is authorized in writing to sell the item at retail by the manufacturer of the item or the manufacturer's authorized distributor and the authorization states the person's name; and
(2)  provides the authorization for examination by any person at the flea market who requests to see the authorization.
(c)  It is a defense to prosecution under this section that only a sample of the item or a catalog or brochure displaying the item was available at the flea market and the item sold was not delivered to the buyer at the flea market.
(d)  An offense under this section is a misdemeanor punishable by a fine not to exceed $100.
(e)  The penalty provided by this section is in addition to any other sanction provided by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 201 - Sale of Items at Flea Markets › Section 201.004. Fraudulent Authorization for Sale of Certain Items at Retail

Sec. 201.004.  FRAUDULENT AUTHORIZATION FOR SALE OF CERTAIN ITEMS AT RETAIL.  (a)  A person commits an offense if the person provides to another person an authorization under Section 201.003(b) and:
(1)  the authorization is forged or contains a false statement; or
(2)  the person displaying the authorization obtained the authorization by fraud.
(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $100.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 201 - Sale of Items at Flea Markets › Section 201.005. Provision of Booth or Similar Space Not an Offense

Sec. 201.005.  PROVISION OF BOOTH OR SIMILAR SPACE NOT AN OFFENSE.  A person does not commit an offense under this chapter solely because the person provides booths or similar spaces at a flea market.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 201 - Sale of Items at Flea Markets › Section 201.006. Investigation Records Required

Sec. 201.006.  INVESTIGATION RECORDS REQUIRED.  A law enforcement agency investigating a violation of this chapter shall maintain a record of the investigation. The record is public information.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 202 - Sales of Motor Vehicles With Stoplamp Coverings › Section 202.001. Sale of Motor Vehicle With Certain Stoplamp Covering Prohibited

Sec. 202.001.  SALE OF MOTOR VEHICLE WITH CERTAIN STOPLAMP COVERING PROHIBITED.  (a)  In this section, "motor vehicle" has the meaning assigned by Section 541.201, Transportation Code.
(b)  A person in the business of selling motor vehicles may not sell a motor vehicle with a transparent or semitransparent covering:
(1)  placed over a stoplamp that is mounted on the rear center line of the vehicle either in or on the rear window or within six inches from the rear window of the vehicle for the purpose of emitting light when the vehicle's brakes are applied; and
(2)  on which is impressed or imprinted a name, trade name, logotype, or other message that a person behind the vehicle can read when the stoplamp is illuminated.
(c)  A person who violates this section commits an offense.  An offense under this section is a Class C misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 203 - Exporting Articles Without Inspection › Section 203.001. Criminal Penalty for Exporting Articles Without Required Inspection

Sec. 203.001.  CRIMINAL PENALTY FOR EXPORTING ARTICLES WITHOUT REQUIRED INSPECTION.  (a)  A person commits an offense if the person:
(1)  exports from this state, or ships for the purpose of exportation to a state other than this state or to a foreign port, an article of commerce that by law of this state is required to be inspected by a public inspector; and
(2)  does not have the article inspected as required by law.
(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $100.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 6 - Sale or Transfer of Goods › Chapter 204 - Sale of Returnable Container › Section 204.001. Definitions

Sec. 204.001.  DEFINITIONS.  In this chapter:
(1)  "Proof of ownership" includes a bill of sale or other evidence showing that an item has been sold to the person possessing the item.
(2)  "Returnable container" means a device made of any material that is used to hold, contain, or convert goods into a package and is suitable for repeated use. The term includes baskets, trays, or other containers used by a product producer, distributor, or retailer for the transportation or storage of goods.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.005(a), eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 927 (H.B. 4584), Sec. 2, eff. September 1, 2019.