reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter E. Permit Requirements › Section 2154.202. Retail Fireworks Permit

Sec. 2154.202.  RETAIL FIREWORKS PERMIT.  (a)  A person selling fireworks directly to the public must annually obtain a nonrenewable retail fireworks permit for each retail location.
(b)  The commissioner shall set and collect a retail fireworks permit fee in an amount not to exceed $20.
(c)  The commissioner shall provide for the sale of a retail fireworks permit through an Internet website.  A person may purchase a permit on the website.  The Texas Department of Insurance shall post a link to the website on the department's Internet website.
(d)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 832 (H.B. 2259), Sec. 2, eff. September 1, 2023.
(e)  A retail fireworks permit expires on January 31 each year and is not renewable.
(f)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 832 (H.B. 2259), Sec. 2, eff. September 1, 2023.
(g)  Except as provided by Subsection (h), a retail fireworks permit holder may sell fireworks only to the public, and only during periods:
(1)  beginning June 24 and ending at midnight on July 4;
(2)  beginning December 20 and ending at midnight on January 1 of the following year; and
(3)  beginning May 1 and ending at midnight on May 5 if the fireworks are sold at a location that is not more than 100 miles from the Texas-Mexico border and that is in a county in which the commissioners court of the county has approved the sale of fireworks during the period.
(h)  In addition to the periods during which the sale of fireworks is authorized under Subsection (g), the commissioners court of a county by order may allow a retail fireworks permit holder to sell fireworks in that county only to the public and only during one or more of the following periods:
(1)  beginning February 25 and ending at midnight on March 2;
(2)  beginning April 16 and ending at midnight on April 21;
(3)  beginning the Wednesday before the last Monday in May and ending at midnight on the last Monday in May; and
(4)  beginning five days before the first day of Diwali and ending at midnight on the last day of Diwali.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1179 (H.B. 539), Sec. 3, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 710 (H.B. 1150), Sec. 1, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 475 (H.B. 608), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 832 (H.B. 2259), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 832 (H.B. 2259), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter E. Permit Requirements › Section 2154.204. Public Display Permit

Sec. 2154.204.  PUBLIC DISPLAY PERMIT.  (a)  The commissioner shall set and collect a permit fee in an amount not to exceed $50 for a Fireworks 1.3G single public display permit.  The permit shall be obtained from the commissioner through the state fire marshal.
(b)  A single public fireworks display permit is valid for only one public fireworks display to be held during the hours and on the date or alternate date, if provided, stated on the permit and is not renewable.
(c)  A person conducting multiple fireworks displays at a single location may be issued a multiple public display permit.  The commissioner shall set and collect an annual multiple public display permit fee in an amount not to exceed $400.
(d)  The holder of a multiple public display permit is not required to obtain a single public display permit.  A multiple public display permit is valid for one year from the date of issuance and is not renewable.
(e)  This chapter does not limit the authority of the state fire marshal to inspect the location of the display or to require appropriate fire protection measures.
(f)  The commissioner shall adopt by reference the provisions of:
(1)  NFPA 1123, Code for Fireworks Display, 1995 Edition, as rules governing public displays;  and
(2)  NFPA 1126, Standards for the Use of Pyrotechnics Before a Proximate Audience, 1996 Edition, as rules governing indoor displays.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter E. Permit Requirements › Section 2154.205. Insurance Requirement for Public Display Permit

Sec. 2154.205.  INSURANCE REQUIREMENT FOR PUBLIC DISPLAY PERMIT.  (a)  In addition to any other requirements, an applicant for a public display permit must submit to the state fire marshal evidence of a general liability insurance policy in an amount of not less than $500,000 unless the commissioner increases or decreases the amount under Section 2154.051.  A multiple public display permit or single public display permit may not be issued without evidence of general liability insurance as required by this section.
(b)  The policy shall be conditioned to pay the amount of money the insured becomes obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insured's servant, officer, agent, or employee in the conduct of a public fireworks display.
(c)  Evidence of the liability insurance policy required by this section must be in the form of a certificate of insurance issued by an insurer authorized to do business in this state and countersigned by an insurance agent licensed in this state.
(d)  A certificate of insurance for surplus lines coverage obtained under Chapter 981, Insurance Code, through a licensed Texas surplus lines agent resident in this state may be filed with the commissioner as evidence of coverage required by this section.
(e)  An insurer may not cancel a certificate of insurance issued under this section unless the insurer gives the state fire marshal notice of intent to cancel as required by the commissioner.
(f)  This section may be satisfied by a city, county, or other political subdivision presenting proof of its participation in a self-insurance fund or other fund created under Chapter 791, Government Code, covering the liability requirements under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.550, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter E. Permit Requirements › Section 2154.206. Inspection of Public Fireworks Display

Sec. 2154.206.  INSPECTION OF PUBLIC FIREWORKS DISPLAY.  (a)  In this section, "appropriate fire prevention officer" means a person with fire prevention authority in a particular jurisdiction.
(b)  A person planning to make a public fireworks display shall submit, under rules adopted by the commissioner, a written application to the state fire marshal for a permit.
(c)  An appropriate fire prevention officer, as designated or approved by the state fire marshal, shall make a site investigation to determine whether a proposed fireworks display is of a nature or in a location that may be hazardous to property or dangerous to any person.  The officer may, in the exercise of reasonable discretion, approve or disapprove the display site and may impose reasonable conditions on the display.
(d)  After inspecting the proposed display site, the fire prevention officer shall notify the state fire marshal of the results of the inspection, and the state fire marshal shall determine if a permit is to be issued.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter E. Permit Requirements › Section 2154.207. Insurance Requirement

Sec. 2154.207.  INSURANCE REQUIREMENT.  (a)  In addition to any other requirements, an applicant for a permit under Section 2154.253 must submit to the authority having jurisdiction evidence of a general liability insurance policy in an amount of not less than $1 million unless the commissioner decreases the amount under Section 2154.051.  The permit may not be issued without evidence of insurance as required by this section.
(b)  The general liability insurance policy required by this section shall be conditioned to pay the amount of money the insured becomes obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insured's servant, officer, agent, or employee in the conduct of a display of pyrotechnics and flame effects.
(c)  Evidence of the general liability insurance policy required by this section must be in the form of a certificate of insurance issued by an insurer authorized to do business in this state and countersigned by an insurance agent licensed in this state.
(d)  A certificate of insurance for surplus lines coverage obtained under Chapter 981, Insurance Code, through a licensed Texas surplus lines agent resident in this state may be filed with the commissioner as evidence of coverage required by this section.
(e)  An insurer may not cancel a certificate of insurance issued under this section unless the insurer gives the authority having jurisdiction notice of intent to cancel.
(f)  This section may be satisfied by a city, county, or other political subdivision presenting proof of its participation in a self-insurance fund or a fund created under Chapter 791, Government Code, covering the liability requirements under this chapter.
Added by Acts 2003, 78th Leg., ch. 872, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.155, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter E. -1. Indoor Retail Fireworks Sites › Section 2154.221. Fireworks Sales Building

Sec. 2154.221.  FIREWORKS SALES BUILDING.  The fireworks sales building of an indoor retail fireworks site must be a freestanding durable structure with only one story of the building accessible to the public.  The fireworks sales building of an indoor retail fireworks site may not be:
(1)  a tent, boat, or mobile vehicle; or
(2)  part of a multiuse or multi-tenant building.
Added by Acts 2017, 85th Leg., R.S., Ch. 374 (H.B. 3907), Sec. 3, eff. June 1, 2017.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter E. -1. Indoor Retail Fireworks Sites › Section 2154.222. Sales Display Area

Sec. 2154.222.  SALES DISPLAY AREA.  The sales display area of an indoor retail fireworks site must be sufficiently designed to prevent customers from handling fireworks unless an attendant is directly assisting the customer.
Added by Acts 2017, 85th Leg., R.S., Ch. 374 (H.B. 3907), Sec. 3, eff. June 1, 2017.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter E. -1. Indoor Retail Fireworks Sites › Section 2154.223. Office Area Exemption

Sec. 2154.223.  OFFICE AREA EXEMPTION.  The commissioner may exempt the office area used in the operation of an indoor retail fireworks site from commissioner rules prescribing distance requirements between fireworks storage and inhabited buildings if, after inspecting the office area at the request of the permit holder for the site, the state fire marshal confirms and reports to the commissioner that the office area is separated by a one-hour fire-rated wall from any fireworks sales or storage area.
Added by Acts 2017, 85th Leg., R.S., Ch. 374 (H.B. 3907), Sec. 3, eff. June 1, 2017.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter F. Prohibited Acts › Section 2154.251. Prohibited Use of Fireworks

Sec. 2154.251.  PROHIBITED USE OF FIREWORKS.  (a)  A person may not:
(1)  explode or ignite fireworks within 600 feet of any church, a hospital other than a veterinary hospital, an asylum, a licensed child care center, or a public or private primary or secondary school or institution of higher education unless the person receives authorization in writing from that organization;
(2)  sell at retail, explode, or ignite fireworks within 100 feet of a place where flammable liquids or flammable compressed gasses are stored and dispensed;
(3)  explode or ignite fireworks within 100 feet of a place where fireworks are stored or sold;
(4)  ignite or discharge fireworks in or from a motor vehicle;
(5)  place ignited fireworks in, or throw ignited fireworks at, a motor vehicle;
(6)  conduct a public fireworks display that includes Fireworks 1.3G unless the person is a licensed pyrotechnic operator;
(7)  conduct a proximate display of fireworks that includes Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126 Standards for the Use of Pyrotechnics Before a Proximate Audience unless the person is a licensed pyrotechnic special effects operator and has the approval of the local fire prevention officer;  or
(8)  sell, store, manufacture, distribute, or display fireworks except as provided by this chapter or rules adopted by the commissioner under this chapter.
(b)  A person may not manufacture, distribute, sell, or use fireworks in a public fireworks display without an appropriate license or permit.  Fireworks manufactured, distributed, sold, or used without an appropriate license or permit are illegal fireworks.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 13.002, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter F. Prohibited Acts › Section 2154.252. Certain Sales of Fireworks Prohibited

Sec. 2154.252.  CERTAIN SALES OF FIREWORKS PROHIBITED.  (a)  Unless the fireworks conform to the standards of the United States Consumer Product Safety Commission and the department, a person in this state may not:
(1)  sell the fireworks at retail;
(2)  offer the fireworks for retail sale;
(3)  possess the fireworks for retail sale in this state;  or
(4)  transport, use, or explode the fireworks in this state.
(b)  A person may offer for sale to the general public Fireworks 1.4G only at authorized retail locations.  All mail order sales of Fireworks 1.4G are prohibited.
(c)  Fireworks may not be sold or offered for sale to children under 16 years of age or to an intoxicated or incompetent person.  A person selling fireworks at retail shall make a reasonable effort to determine that potential purchasers of fireworks are of the minimum age required by this subsection.
(d)  A licensed manufacturer, distributor, jobber, or importer may not sell fireworks to a person who does not hold a license or permit.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1179 (H.B. 539), Sec. 4, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter F. Prohibited Acts › Section 2154.254. Employment of Minors

Sec. 2154.254.  EMPLOYMENT OF MINORS.  (a)  Except as provided by Subsection (c), a person may not employ or allow a person younger than 16 years of age to manufacture, distribute, sell, or purchase fireworks in the course of the person's business.
(b)  Except as provided by Subsection (c), a person may not employ a person 16 years of age or older but younger than 18 years of age to sell fireworks at a retail sales location unless the person selling fireworks at that location is accompanied by another person who is at least 18 years of age.
(c)  An owner of a retail sales location may employ a person who is otherwise prohibited from engaging in that activity by Subsection (a) or (b) to sell fireworks at the owner's retail sales location if the person employed is:
(1)  a member of the owner's immediate family;
(2)  12 years of age or older; and
(3)  accompanied by another person who is at least 18 years of age while the person is engaged in selling fireworks at that location.
Added by Acts 2007, 80th Leg., R.S., Ch. 1179 (H.B. 539), Sec. 5, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter G. Disciplinary Actions; Penalties › Section 2154.301. Disciplinary Powers of Commissioner

Sec. 2154.301.  DISCIPLINARY POWERS OF COMMISSIONER.  (a)  The commissioner may, through the state fire marshal, suspend, revoke, or refuse to issue or renew a license or permit if the commissioner finds that any provision of this chapter, or any rule adopted under this chapter, has been violated.
(b)  A person who has a license or permit revoked may not reapply for the license or permit earlier than one year from the date of revocation.  A person reapplying under this subsection must request a public hearing on the reissuance of the license or permit and has the burden of proving that a license or permit should be granted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter G. Disciplinary Actions; Penalties › Section 2154.302. Disciplinary Hearing

Sec. 2154.302.  DISCIPLINARY HEARING.  (a)  If the state fire marshal proposes to suspend, revoke, or refuse to renew a person's license or permit, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.
(b)  Disciplinary proceedings are governed by Chapter 2001, Government Code.
(c)  Rules of practice adopted by the commissioner applicable to the disciplinary proceedings may not conflict with the rules adopted by the State Office of Administrative Hearings.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter G. Disciplinary Actions; Penalties › Section 2154.303. Penalties

Sec. 2154.303.  PENALTIES.  (a)  A person commits an offense if the person violates Section 2154.101(b), (c)(2), or (d), 2154.151(e), or 2154.201(a), (b)(2), or (c) or Subchapter F.
(b)  Except as provided by Subsection (c), an offense under this section is a Class B misdemeanor.
(c)  A violation of Section 2154.251(a)(1), (2), (3), (4), (5), or (8) that results in property damage in an amount of less than $200 and does not result in bodily injury or death, or a violation of Section 2154.254(a) or (b), is a Class C misdemeanor.
(d)  Each day a violation occurs or continues constitutes a separate offense.
(e)  Venue under this section is in the county in which the offense is committed or in Travis County.
(f)  If the commissioner determines that a violation of this chapter creates a threat to the public safety, the commissioner may bring suit in the district court of the county in which the person who committed the offense resides or has an office to enjoin the person from engaging in the prohibited activity.  The commissioner is not required to give bond as a condition to the issuance of injunctive relief.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.709(a), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1179 (H.B. 539), Sec. 6, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter G. Disciplinary Actions; Penalties › Section 2154.304. Seizure of Illegal Fireworks

Sec. 2154.304.  SEIZURE OF ILLEGAL FIREWORKS.  (a)  The state fire marshal, a fire chief, a fire marshal, their deputies, or a peace officer may seize illegal fireworks.  Fireworks seized in the enforcement of this chapter shall be kept in the custody of the seizing agent or the sheriff of the county in which the fireworks were seized.
(b)  The owner of the seized fireworks may file an action contesting the seizure in a district court in the county in which the fireworks were seized.
(c)  Not later than the 30th day after the hearing on the seizure, the court may authorize the return of part or all of the confiscated fireworks.  The court shall order any fireworks not returned to be destroyed.  If an action contesting the seizure is not filed by the 30th day after the seizure, the seizing agent or the sheriff shall destroy the fireworks.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2155 - Hotels and Boardinghouses › Subchapter A. Notification of Lodging Rates › Section 2155.001. Room Rate Information

Sec. 2155.001.  ROOM RATE INFORMATION.  (a)  A hotel owner or keeper shall post a card or sign in a conspicuous place in each hotel room stating:
(1)  the daily room rate;  and
(2)  the date the card or sign was posted.
(b)  An increase in the daily room rate is not effective until the 30th day after the date a card or sign with the increased rate is posted.
(c)  The owner or keeper of a hotel having 20 or more rooms shall give a guest assigned a room a ticket showing the daily room rate being charged for the room.  The room rate on the ticket must conform with the rate posted under Subsection (a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2155 - Hotels and Boardinghouses › Subchapter A. Notification of Lodging Rates › Section 2155.002. Criminal Penalties

Sec. 2155.002.  CRIMINAL PENALTIES.  (a)  A hotel owner or keeper commits an offense if the person does not post a room rate as required by Section 2155.001(a).
(b)  A hotel owner, keeper, or employee commits an offense if the person does not give a guest a ticket as required by Section 2155.001(c).
(c)  A hotel owner, keeper, or employee commits an offense if the person knowingly charges a guest a room rate for a room that is more than the posted rate for that room.  Each day an excessive rate is charged is a separate offense.
(d)  An offense under Subsection (a) or (c) is a misdemeanor punishable by:
(1)  a fine of not less than $25 or more than $100;
(2)  confinement in jail for a term not to exceed 30 days;  or
(3)  both a fine and confinement.
(e)  An offense under Subsection (b) is a misdemeanor punishable by a fine of not more than $100.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2155 - Hotels and Boardinghouses › Subchapter B. Liability for Personal Property on Premises › Section 2155.051. Definition

Sec. 2155.051.  DEFINITION.  In this subchapter, "hotel" means a business, including an inn or rooming house, that furnishes food, lodging, or both food and lodging to a person applying and paying for the service.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2155 - Hotels and Boardinghouses › Subchapter B. Liability for Personal Property on Premises › Section 2155.052. Liability for Valuables

Sec. 2155.052.  LIABILITY FOR VALUABLES.  (a)  This section applies only to a hotel, apartment hotel, or boardinghouse keeper who:
(1)  continuously maintains a metal safe or vault in the keeper's hotel, apartment hotel, or boardinghouse that is in good order and fit for the custody of money, jewelry, silver or gold articles, precious stones, personal ornaments, or documents;  and
(2)  keeps suitable locks or bolts on the guests' sleeping room doors and proper fastenings on the transom and window of guest rooms.
(b)  A hotel, apartment hotel, or boardinghouse keeper is not liable for a loss or injury suffered by a guest from the loss of valuables in an amount of more than $50 if:
(1)  the valuables could reasonably have been kept in the safe or vault of the hotel, apartment hotel, or boardinghouse;
(2)  the loss or injury does not occur through the negligence or wrongdoing of the keeper or an employee of the hotel, apartment hotel, or boardinghouse;  and
(3)  a printed copy of this section is posted on the door of the guest's sleeping room.
(c)  Subsection (b) does not apply if:
(1)  the guest offered to deliver the valuables to the hotel, apartment hotel, or boardinghouse keeper for custody in the safe or vault;  and
(2)  the hotel, apartment hotel, boarding hotel, or boardinghouse keeper did not:
(A)  deposit the valuables in the safe or vault;  and
(B)  issue a receipt for the valuables.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2155 - Hotels and Boardinghouses › Subchapter B. Liability for Personal Property on Premises › Section 2155.053. Gratuitous Bailee

Sec. 2155.053.  GRATUITOUS BAILEE.  (a)  A hotel, apartment hotel, or boardinghouse keeper may hold a person's property, including baggage, at the keeper's option and at the property owner's risk if the property owner:
(1)  forwards the property to the hotel, apartment hotel, or boardinghouse before becoming a guest;
(2)  leaves the property in the hotel, apartment hotel, or boardinghouse lobby before checking the property or becoming a guest;  or
(3)  allows the property to remain in the hotel, apartment hotel, or boardinghouse after the innkeeper and guest relationship has ceased and without checking the property.
(b)  If a person checks property at a hotel, apartment hotel, or boardinghouse and leaves the property at the hotel, apartment hotel, or boardinghouse free of charge for one week without being a guest, the hotel, apartment hotel, or boardinghouse keeper may, absent a special agreement, continue to hold the property after the first week at the property owner's risk.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2155 - Hotels and Boardinghouses › Subchapter C. Firearms Policy › Section 2155.101. Definition

Sec. 2155.101.  DEFINITION.  In this subchapter, "hotel" means a hotel, motel, inn, or similar business entity that offers more than 10 rooms to the public for temporary lodging for a fee.
Added by Acts 2013, 83rd Leg., R.S., Ch. 237 (H.B. 333), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1008 (S.B. 20), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2155 - Hotels and Boardinghouses › Subchapter C. Firearms Policy › Section 2155.102. Applicability of Subchapter

Sec. 2155.102. APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a hotel that has a policy prohibiting or restricting the possession, storage, or transportation of firearms by hotel guests.
Added by Acts 2013, 83rd Leg., R.S., Ch. 237 (H.B. 333), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2155 - Hotels and Boardinghouses › Subchapter C. Firearms Policy › Section 2155.1025. Firearms Policy

Sec. 2155.1025.  FIREARMS POLICY.  (a)  Unless possession of a handgun or other firearm or ammunition on hotel property is prohibited by state or federal law, a hotel may not adopt a policy prohibiting a hotel guest from:
(1)  carrying or storing a firearm or firearm ammunition in the guest's hotel room;
(2)  carrying a firearm or firearm ammunition directly en route to or from the hotel or the guest's hotel room;
(3)  carrying a firearm or firearm ammunition directly en route to or from the guest's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests; or
(4)  carrying or storing a firearm or firearm ammunition in the guest's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests.
(b)  A hotel may adopt a policy requiring a hotel guest carrying a firearm or firearm ammunition in a common area on the hotel property to:
(1)  carry a handgun in a concealed manner; or
(2)  carry a firearm or ammunition in a case or bag.
Added by Acts 2021, 87th Leg., R.S., Ch. 1008 (S.B. 20), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2155 - Hotels and Boardinghouses › Subchapter C. Firearms Policy › Section 2155.103. Notice Regarding Firearms Policy

Sec. 2155.103.  NOTICE REGARDING FIREARMS POLICY.  (a)  A hotel shall include on the hotel's Internet reservation website the hotel's policy regarding the possession, storage, and transportation of firearms.
(b)  If a hotel provides a written confirmation or a written statement of terms and conditions to a consumer after accepting the consumer's hotel reservation by telephone, the hotel shall include information specifying how the consumer may review applicable guest policies.  The guest policies must indicate the hotel's policy regarding the possession, storage, and transportation of firearms by guests.
(c)  A hotel owner or keeper commits an offense if the person does not comply with this section.  An offense under this subsection is a misdemeanor punishable by a fine of not more than $100.
Added by Acts 2013, 83rd Leg., R.S., Ch. 237 (H.B. 333), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2156 - Theaters › Section 2156.001. Definition

Sec. 2156.001.  DEFINITION.  In this chapter, "theater" means a building constructed, equipped, and used for public performances or the production and exhibition of plays, dramas, or operas for which an admission fee is charged.  The term includes an opera house or playhouse.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2156 - Theaters › Section 2156.002. Other Regulation Permitted

Sec. 2156.002.  OTHER REGULATION PERMITTED.  A theater may be regulated by ordinance or other law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2156 - Theaters › Section 2156.003. Rights of Theater Owners

Sec. 2156.003.  RIGHTS OF THEATER OWNERS.  A theater owner or lessee may:
(1)  assign seats to theater patrons;  and
(2)  refuse admission to objectionable persons.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2156 - Theaters › Section 2156.004. Recordkeeping; Offense

Sec. 2156.004.  RECORDKEEPING;  OFFENSE.  (a)  A person in charge of a theater, including a theater owner, lessee, or manager, shall:
(1)  keep, in convenient form, a list of all bookings of shows for the theater and the specific dates of the bookings;  and
(2)  show the list, on request, to a person desiring in good faith to lease or rent the theater for a public performance or the production and exhibition of a play, drama, or opera.
(b)  A person commits an offense if the person violates Subsection (a).
(c)  An offense under Subsection (b) is a misdemeanor punishable by a fine of not more than $20 or less than $10.
(d)  Each failure or refusal to comply with Subsection (a) is a separate offense.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2156 - Theaters › Section 2156.005. Discrimination Against Reputable Productions; Offense

Sec. 2156.005.  DISCRIMINATION AGAINST REPUTABLE PRODUCTIONS;  OFFENSE.  (a)  A person who is in charge of and manages a theater, including a theater owner or lessee, or a representative of an owner or lessee, may not discriminate against reputable theaters, operas, shows, or other productions.
(b)  A person who is in charge of and manages a theater, including a theater owner or lessee, or a representative of an owner or lessee, commits an offense if the person fails and refuses to rent or lease the theater for one or more performances of any reputable theater, opera, or show on terms that may not be considered unreasonable, extortionate, or prohibitive to the agent, manager, proprietor, or representative of the theater, opera, or show.
(c)  An offense under Subsection (b) is a misdemeanor and the person:
(1)  shall be fined not more than $500 or less than $100;  and
(2)  may be committed to not more than 10 days in jail.
(d)  Each violation of Subsection (b) is a separate offense.
(e)  Fifty percent of a fine collected under Subsection (c) shall be paid to the complainant.  The remainder of the fine shall be paid to the jury fund of the county where the suit was brought.
(f)  It is a defense to prosecution under Subsection (b) that, at the time of the application to lease or rent the theater, the person in charge of the theater shows that:
(1)  the theater had, in good faith, already been leased or rented;  and
(2)  other bookings had been made for the date or dates applied for in good faith and not with the intention of evading this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2156 - Theaters › Section 2156.006. Forfeiture of Lease

Sec. 2156.006.  FORFEITURE OF LEASE.  A theater's lessee or a lessee's assigns forfeit the lease and any rights and privileges under the lease if the person:
(1)  does not comply with the law governing theaters;  or
(2)  is convicted of an offense under Section 2156.005.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2157 - Regulation of Motion Picture Theaters › Section 2157.001. Interpretation of Contracts

Sec. 2157.001.  INTERPRETATION OF CONTRACTS.  An agreement relating to the distribution of a film shown in any theater in this state or the licensing of a motion picture or film shown in any theater in this state is to be construed under state law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2157 - Regulation of Motion Picture Theaters › Section 2157.002. Venue for Certain Suits

Sec. 2157.002.  VENUE FOR CERTAIN SUITS.  (a)  Venue of a suit arising out of an agreement described by Section 2157.001 is in the county in which:
(1)  the film was licensed to be shown;  or
(2)  the principal office of the exhibitor under the agreement is located.
(b)  A provision of the agreement attempting to establish venue in a place other than as provided by Subsection (a) is void.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2157 - Regulation of Motion Picture Theaters › Section 2157.003. Reports on Theater Attendance

Sec. 2157.003.  REPORTS ON THEATER ATTENDANCE.  (a)  A private or confidential investigator employed to determine the attendance at or the number of paid admissions for a motion picture theater performance shall furnish to the owner or general manager of the theater:
(1)  a report of the investigator's findings on the day after the date of the determination;  and
(2)  a written copy of the investigator's findings or report not later than the third day after the date of the determination.
(b)  If an investigator does not comply with Subsection (a), evidence obtained by the investigator and the investigator's testimony is not admissible as evidence in any court or other proceeding.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2158 - Special Event Parking Charge Limitation › Section 2158.001. Definitions

Sec. 2158.001.  DEFINITIONS.  In this chapter:
(1)  "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(2)  "Parking facility," "parking facility owner," and "vehicle" have the meanings assigned by Section 2308.002, Occupations Code.
(3)  "Special event" includes a sporting event, convention, concert, exhibit, parade, or political rally.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.001(a), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2158 - Special Event Parking Charge Limitation › Section 2158.002. Limitation of Parking Charge in Connection With Special Event

Sec. 2158.002.  LIMITATION OF PARKING CHARGE IN CONNECTION WITH SPECIAL EVENT.  (a)  A parking facility owner may not charge for parking a vehicle in the parking facility in connection with a special event an amount that is more than two times the amount computed using the rate that is normally charged for parking a vehicle in the facility on that day of the week and at that time.
(b)  This section does not apply to an institution of higher education or a private or independent institution of higher education.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.001(a), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2158 - Special Event Parking Charge Limitation › Section 2158.003. Criminal Offense

Sec. 2158.003.  CRIMINAL OFFENSE.  (a)  A person commits an offense if the person violates Section 2158.002(a).
(b)  An offense under this section is a Class C misdemeanor.
(c)  It is a defense to prosecution under this section that the parking facility owner posted a conspicuous sign at least two feet wide and two feet high at the entrance to the parking facility stating:
(1)  in print at least six inches in height, the rate that is normally charged for parking a vehicle in the facility; and
(2)  in print at least six inches in height, the rate that is charged for parking a vehicle in the facility in connection with a special event.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.001(a), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter A. General Provisions › Section 2301.001. Construction; Purpose

Sec. 2301.001.  CONSTRUCTION;  PURPOSE.  The distribution and sale of motor vehicles in this state vitally affects the general economy of the state and the public interest and welfare of its citizens.  This chapter shall be liberally construed to accomplish its purposes, including the exercise of the state's police power to ensure a sound system of distributing and selling motor vehicles through:
(1)  licensing and regulating manufacturers, distributors, converters, and dealers of motor vehicles;  and
(2)  enforcing this chapter as to other persons to provide for compliance with manufacturer's warranties and to prevent fraud, unfair practices, discrimination, impositions, or other abuse of the people of this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter A. General Provisions › Section 2301.003. Effect on Agreements

Sec. 2301.003.  EFFECT ON AGREEMENTS.  (a)  The terms and conditions of a franchise are subject to this chapter.
(b)  An agreement to waive the terms of this chapter is void and unenforceable.  A term or condition of a franchise inconsistent with this chapter is unenforceable.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter A. General Provisions › Section 2301.004. Chapter Exclusive

Sec. 2301.004.  CHAPTER EXCLUSIVE.  Unless otherwise specifically provided by law not in conflict with this chapter, all aspects of the distribution and sale of motor vehicles are governed exclusively by this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter A. General Provisions › Section 2301.0045. Nonapplicability of Chapter to Assembled Vehicles and Hobbyist

Sec. 2301.0045.  NONAPPLICABILITY OF CHAPTER TO ASSEMBLED VEHICLES AND HOBBYIST.  This chapter does not apply to an assembled vehicle or a hobbyist, as those terms are defined by Section 731.001, Transportation Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1079 (H.B. 1755), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter A. General Provisions › Section 2301.005. Title Changes

Sec. 2301.005.  TITLE CHANGES.  (a)  A reference in law, including a rule, to the Texas Motor Vehicle Commission or to the board means the board of the Texas Department of Motor Vehicles.
(b)  A reference in law, including a rule, to the executive director of the Texas Motor Vehicle Commission means the executive director of the Texas Department of Motor Vehicles.
(c)  A reference in law, including a rule, to the Texas Motor Vehicle Commission Code means this chapter.
(d)  A reference in law other than this chapter to a dealer licensed by the Texas Motor Vehicle Commission or a dealer licensed by the Motor Vehicle Board of the Texas Department of Transportation means a franchised dealer.
(e)  A reference in this chapter to a rule or to a board rule means a rule adopted by the commission, except that all board rules that were in effect on June 1, 2005, remain in effect until amended or repealed by the commission.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 7.02, eff. June 14, 2005.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3I.03, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter A. General Provisions › Section 2301.006. Brokers Prohibited

Sec. 2301.006.  BROKERS PROHIBITED.  A person may not act as, offer to act as, or claim to be a broker.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter A. General Provisions › Section 2301.007. Towing Vehicle by License Holder

Sec. 2301.007.  TOWING VEHICLE BY LICENSE HOLDER.  Notwithstanding any other law, a person licensed under this chapter does not commit an offense by employing a person to tow a disabled vehicle to or from the premises for which the person is licensed regardless of whether the person employed to tow the vehicle:
(1)  holds a certificate issued by a state agency authorizing the person to engage in the business of towing vehicles for hire;  or
(2)  commits an offense by towing the vehicle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter C. Division Personnel › Section 2301.103. Personnel

Sec. 2301.103.  PERSONNEL.  A division employee is subject to dismissal if the employee has an interest in or is related within the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to a person who has an interest in a business that manufactures, distributes, converts, sells, or leases motor vehicles.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 7.04, eff. June 14, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter C. Division Personnel › Section 2301.104. Hearings Examiners

Sec. 2301.104.  HEARINGS EXAMINERS.  (a)  The department may employ a chief hearings examiner and one or more additional hearings examiners.
(b)  A hearings examiner must be licensed to practice law in this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 2, eff. January 1, 2014.