reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 109 - Business Entities Engaged in Publication of Certain Criminal Record or Juvenile Record Information › Section 109.005. Publication of Certain Criminal Record Information Prohibited; Civil Liability

Sec. 109.005.  PUBLICATION OF CERTAIN CRIMINAL RECORD INFORMATION PROHIBITED; CIVIL LIABILITY.
Text of subsection effective until January 01, 2025
(a)  A business entity may not publish any criminal record information in the business entity's possession with respect to which the business entity has knowledge or has received notice that:
(1)  an order of expunction has been issued under Article 55.02, Code of Criminal Procedure; or
(2)  an order of nondisclosure of criminal history record information has been issued under Subchapter E-1, Chapter 411, Government Code.
Text of subsection effective on January 01, 2025
(a)  A business entity may not publish any criminal record information in the business entity's possession with respect to which the business entity has knowledge or has received notice that:
(1)  an order of expunction has been issued under Article 55A.201, Code of Criminal Procedure; or
(2)  an order of nondisclosure of criminal history record information has been issued under Subchapter E-1, Chapter 411, Government Code.
(a-1)  Except as provided by Section 109.0045(e), a business entity may not publish any information with respect to which the business entity has knowledge or has received notice that the information is confidential juvenile record information or confidential criminal record information of a child.
(b)  A business entity that publishes information in violation of this section is liable to the individual who is the subject of the information in an amount not to exceed $500 for each separate violation and, in the case of a continuing violation, an amount not to exceed $500 for each subsequent day on which the violation occurs.
(c)  In an action brought under this section, the court may grant injunctive relief to prevent or restrain a violation of this section.
(d)  An individual who prevails in an action brought under this section is also entitled to recover court costs and reasonable attorney's fees.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1200 (S.B. 1289), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1034 (H.B. 1491), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 14, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.007, eff. January 1, 2025.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 109 - Business Entities Engaged in Publication of Certain Criminal Record or Juvenile Record Information › Section 109.006. Civil Penalty; Injunction

Sec. 109.006.  CIVIL PENALTY; INJUNCTION.  (a)  A business entity that publishes criminal record information, confidential juvenile record information, or confidential criminal record information of a child in violation of this chapter is liable to the state for a civil penalty in an amount not to exceed $500 for each separate violation and, in the case of a continuing violation, an amount not to exceed $500 for each subsequent day on which the violation occurs.  For purposes of this subsection, each record published in violation of this chapter constitutes a separate violation.
(b)  The attorney general or an appropriate prosecuting attorney may sue to collect a civil penalty under this section.
(c)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund.
(d)  The attorney general may bring an action in the name of the state to restrain or enjoin a violation or threatened violation of this chapter.
(e)  The attorney general or an appropriate prosecuting attorney is entitled to recover reasonable expenses incurred in obtaining injunctive relief or a civil penalty, or both, under this chapter, including court costs and reasonable attorney's fees.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1200 (S.B. 1289), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1034 (H.B. 1491), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 109 - Business Entities Engaged in Publication of Certain Criminal Record or Juvenile Record Information › Section 109.007. Venue

Sec. 109.007.  VENUE.  An action under this chapter must be brought in a district court:
(1)  in Travis County if the action is brought by the attorney general;
(2)  in the county in which the person who is the subject of the criminal record information, confidential juvenile record information, or confidential criminal record information of a child resides; or
(3)  in the county in which the business entity is located.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1200 (S.B. 1289), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1034 (H.B. 1491), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 109 - Business Entities Engaged in Publication of Certain Criminal Record or Juvenile Record Information › Section 109.008. Cumulative Remedies

Sec. 109.008.  CUMULATIVE REMEDIES.  The actions and remedies provided by this chapter are not exclusive and are in addition to any other action or remedy provided by law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1200 (S.B. 1289), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 110 - Computer Technicians Required to Report Child Pornography › Section 110.001. Definitions

Sec. 110.001.  DEFINITIONS.  In this chapter:
(1)  "Child pornography" means an image of a child engaging in sexual conduct or sexual performance.
(2)  "Commercial mobile service provider" has the meaning assigned by Section 64.201, Utilities Code.
(3)  "Computer technician" means an individual who in the course and scope of employment or business installs, repairs, or otherwise services a computer for a fee.
(4)  "Information service provider" includes an Internet service provider and hosting service provider.
(5)  "Sexual conduct" and "sexual performance" have the meanings assigned by Section 43.25, Penal Code.
(6)  "Telecommunications provider" has the meaning assigned by Section 51.002, Utilities Code.
Redesignated from Business and Commerce Code, Chapter 109 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(4), eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 110 - Computer Technicians Required to Report Child Pornography › Section 110.002. Reporting of Images of Child Pornography

Sec. 110.002.  REPORTING OF IMAGES OF CHILD PORNOGRAPHY.  (a)  A computer technician who, in the course and scope of employment or business, views an image on a computer that is or appears to be child pornography shall immediately report the discovery of the image to a local or state law enforcement agency or the Cyber Tipline at the National Center for Missing and Exploited Children.  The report must include the name and address of the owner or person claiming a right to possession of the computer, if known, and as permitted by federal law.
(b)  Except in a case of wilful or wanton misconduct, a computer technician may not be held liable in a civil action for reporting or failing to report the discovery of an image under Subsection (a).
(c)  A telecommunications provider, commercial mobile service provider, or information service provider may not be held liable under this chapter for the failure to report child pornography that is transmitted or stored by a user of the service.
Redesignated from Business and Commerce Code, Chapter 109 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(4), eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 110 - Computer Technicians Required to Report Child Pornography › Section 110.003. Criminal Penalty

Sec. 110.003.  CRIMINAL PENALTY.  (a)  A person who intentionally fails to report an image in violation of this chapter commits an offense.  An offense under this subsection is a Class B misdemeanor.
(b)  It is a defense to prosecution under this section that the actor did not report the discovery of an image of child pornography because the child in the image appeared to be at least 18 years of age.
Redesignated from Business and Commerce Code, Chapter 109 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(4), eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 111 - Private Schools › Section 111.001. Definitions

Sec. 111.001.  DEFINITIONS.  In this chapter:
(1)  "Cardholder" means the person named on the face of a credit or debit card to whom or for whose benefit the card is issued.
(2)  "Credit card" means a card or device issued under an agreement by which the issuer gives to a cardholder the right to obtain credit from the issuer or another person.
(3)  "Debit card" has the meaning assigned by Section 502.001.
(4)  "Private school" means a school that:
(A)  offers a course of instruction for students in one or more grades from prekindergarten through grade 12;
(B)  is not operated by a governmental entity; and
(C)  is accredited by an accrediting agency that is a member of the Texas Private School Accreditation Commission.
Added by Acts 2015, 84th Leg., R.S., Ch. 357 (H.B. 1881), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 111 - Private Schools › Section 111.002. Charges and Fees for Certain Payments at Private Schools

Sec. 111.002.  CHARGES AND FEES FOR CERTAIN PAYMENTS AT PRIVATE SCHOOLS.  (a)  This section applies to a payment of tuition, a fee, or another charge to a private school that is made or authorized in person, by mail, by telephone call, or through the Internet by means of:
(1)  a credit card;
(2)  a debit card; or
(3)  an electronic funds transfer.
(b)  A private school may charge a fee or other amount in connection with a payment to which this section applies, in addition to the amount of the tuition, fee, or other charge being paid, including:
(1)  a discount, convenience, or service charge for the transaction;  or
(2)  a service charge in connection with a payment transaction that is dishonored or refused for lack of funds or insufficient funds.
(c)  A fee or other charge under this section must be in an amount reasonable and necessary to reimburse the school for the expense incurred by the school in processing and handling the payment or payment transaction.
(d)  Before accepting a payment by credit card, debit card, or electronic funds transfer, the school shall notify the cardholder or other person making the payment of any fee to be charged under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 357 (H.B. 1881), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 112 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 112.001. Short Title

Sec. 112.001.  SHORT TITLE.  This chapter may be cited as the Facilitating Business Rapid Response to State Declared Disasters Act.
Added by Acts 2015, 84th Leg., R.S., Ch. 559 (H.B. 2358), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 112 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 112.002. Legislative Findings

Sec. 112.002.  LEGISLATIVE FINDINGS.  The legislature finds that:
(1)  during times of storm, flood, fire, earthquake, hurricane, or other disaster or emergency, many Texas businesses bring in resources and personnel from other states on a temporary basis to expedite the often enormous and overwhelming tasks of cleaning up, restoring, and repairing damaged buildings, equipment, and property, and deploying and building new replacement facilities in the state;
(2)  accomplishing those tasks may necessitate out-of-state businesses, including out-of-state affiliates of Texas businesses, bringing into Texas resources, property, and personnel that previously had no connection to Texas to perform business activities in Texas, including repairing, renovating, installing, and building, for extended periods of time;
(3)  during those periods of time, out-of-state businesses and employees performing business activities in Texas on a temporary basis solely for the purpose of helping the state recover from a disaster or emergency should not be burdened by any requirements that the out-of-state businesses or employees pay taxes as a result of performing those activities; and
(4)  to ensure that out-of-state businesses may focus on quickly responding to the needs of Texas and its citizens during a disaster or emergency, it is appropriate for the legislature to provide that those businesses and their employees are not subject to certain state and local registration and licensing requirements and taxes for performing business activities before, during, and after the disaster or emergency to repair and restore devastating damage to critical property and infrastructure in the state.
Added by Acts 2015, 84th Leg., R.S., Ch. 559 (H.B. 2358), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 112 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 112.004. Exemption of Out-of-State Business Entity From Certain Obligations During Disaster Response Period

Sec. 112.004.  EXEMPTION OF OUT-OF-STATE BUSINESS ENTITY FROM CERTAIN OBLIGATIONS DURING DISASTER RESPONSE PERIOD.  Notwithstanding any other law and except as provided by Section 112.006, an out-of-state business entity whose transaction of business in this state is limited to the performance of disaster- or emergency-related work during a disaster response period is not required to:
(1)  register with the secretary of state;
(2)  file a tax report with or pay taxes or fees to this state or a political subdivision of this state;
(3)  pay an ad valorem tax or use tax on equipment that is brought into the state by the entity, used only by the entity to perform disaster- or emergency-related work during the disaster response period, and removed from the state by the entity following the disaster response period;
(4)  comply with state or local business licensing or registration requirements; or
(5)  comply with state or local occupational licensing requirements or related fees.
Added by Acts 2015, 84th Leg., R.S., Ch. 559 (H.B. 2358), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 112 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 112.005. Exemption of Out-of-State Employee From Certain Obligations During Disaster Response Period

Sec. 112.005.  EXEMPTION OF OUT-OF-STATE EMPLOYEE FROM CERTAIN OBLIGATIONS DURING DISASTER RESPONSE PERIOD.  Notwithstanding any other law and except as provided by Section 112.006, an out-of-state employee whose only employment in this state is for the performance of disaster- or emergency-related work during a disaster response period is not required to:
(1)  file a tax report with or pay taxes or fees to this state or a political subdivision of this state; or
(2)  comply with state or local occupational licensing requirements or related fees, if the employee is in substantial compliance with applicable occupational licensing requirements in the employee's state of residence or principal employment.
Added by Acts 2015, 84th Leg., R.S., Ch. 559 (H.B. 2358), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 112 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 112.006. Transaction Taxes and Fees

Sec. 112.006.  TRANSACTION TAXES AND FEES.  An out-of-state business entity whose transaction of business in this state is limited to the performance of disaster- or emergency-related work during a disaster response period or an out-of-state employee whose only employment in this state is for the performance of disaster- or emergency-related work during a disaster response period is subject to a transaction tax or fee, including a motor fuels tax, sales or use tax, hotel occupancy tax, and the tax imposed on the rental of a motor vehicle, that is imposed in this state, unless the entity or employee is otherwise exempt from the tax or fee.
Added by Acts 2015, 84th Leg., R.S., Ch. 559 (H.B. 2358), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 112 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 112.007. Notification Procedures

Sec. 112.007.  NOTIFICATION PROCEDURES.  (a)  If requested by the secretary of state, an out-of-state business entity shall provide to the secretary of state a statement that the entity came to this state for the purpose of performing disaster- or emergency-related work during a disaster response period and that includes:
(1)  the entity's name;
(2)  the entity's jurisdiction of formation;
(3)  the address of the principal office of the entity;
(4)  the entity's federal tax identification number;
(5)  the date that the entity entered the state; and
(6)  contact information for the entity.
(b)  If requested by the secretary of state, an in-state business entity shall provide to the secretary of state, along with the in-state business entity's contact information, the information listed in Subsection (a) for any affiliate of the in-state business entity that entered the state as an out-of-state business entity.
(c)  The secretary of state shall keep records of and make available to the public any statements or information provided to the secretary of state under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 559 (H.B. 2358), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 112 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 112.008. Obligations of Out-of-State Business Entities and Employees After Disaster Response Period

Sec. 112.008.  OBLIGATIONS OF OUT-OF-STATE BUSINESS ENTITIES AND EMPLOYEES AFTER DISASTER RESPONSE PERIOD.  An out-of-state business entity or out-of-state employee who remains in this state after a disaster response period is not entitled to any exemptions from obligations provided by this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 559 (H.B. 2358), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 112 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 112.009. Regulations

Sec. 112.009.  REGULATIONS.  The secretary of state shall adopt regulations, including developing any necessary forms or processes, to implement this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 559 (H.B. 2358), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 113 - Peer-to-Peer Car Sharing Programs › Subchapter A. General Provisions › Section 113.0001. Definitions

Sec. 113.0001.  DEFINITIONS.  In this chapter:
(1)  "Agreement" means the terms and conditions applicable to an owner and driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. The term does not include a rental agreement as defined by Section 91.001.
(2)  "Car sharing period" means the period of time beginning with the delivery period or, if there is no delivery period, the start time and ending at the termination time.
(3)  "Delivery period" means the period of time during which a shared vehicle is being delivered to the location of the start time, if applicable, under the agreement.
(4)  "Driver" means an individual who has been authorized to drive the shared vehicle by the vehicle's owner under an agreement.
(5)  "Owner" means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to drivers through a peer-to-peer car sharing program.
(6)  "Peer-to-peer car sharing" means the authorized use of a vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. The term does not include the use of a private passenger vehicle from a rental company under the terms of a rental agreement as those terms are defined by Section 91.001.
(7)  "Peer-to-peer car sharing program" means a business platform that connects owners with drivers to enable vehicle sharing for financial consideration. The term does not include:
(A)  a service provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; and
(B)  a rental company as defined by Section 91.001.
(8)  "Shared vehicle" means a vehicle that is available for sharing through a peer-to-peer car sharing program. The term does not include the use of a private passenger vehicle from a rental company under the terms of a rental agreement as those terms are defined by Section 91.001.
(9)  "Start time" means the time when the shared vehicle becomes subject to the control of the driver at or after the time the reservation of a shared vehicle is scheduled to begin under the agreement.
(10)  "Termination time" means the earliest of:
(A)  the expiration of the period of time established for the use of a shared vehicle according to the agreement if the shared vehicle is returned to the location specified in the agreement;
(B)  the time when the shared vehicle is returned to a location as alternatively agreed on by the owner and driver as communicated through a peer-to-peer car sharing program and which alternatively agreed on location is thereby incorporated into the agreement; or
(C)  the time when the owner or owner's authorized designee takes possession and control of the shared vehicle.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter A. General Provisions › Section 113.0002. Applicability of Chapter

Sec. 113.0002.  APPLICABILITY OF CHAPTER.  This chapter applies to automobile insurance policies in this state, including policies issued by a Lloyd's plan, a reciprocal or interinsurance exchange, or a county mutual insurance company.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter A. General Provisions › Section 113.0003. Construction of Chapter

Sec. 113.0003.  CONSTRUCTION OF CHAPTER.  Nothing in this chapter may be construed to:
(1)  limit the liability of a peer-to-peer car sharing program for any act or omission of the program itself that results in injury to a person as a result of the use of a shared vehicle through the program;
(2)  limit the ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the owner or driver for economic loss sustained by the program resulting from a breach of the agreement;
(3)  have implications affecting construction of statutes outside this chapter, including statutes related to motor vehicle regulation, airport regulation, or taxation;
(4)  invalidate or limit an exclusion contained in an automobile insurance policy, including an insurance policy in use or approved for use that excludes coverage for automobiles made available for rent, sharing, hire, or any business use; or
(5)  invalidate, limit, or restrict an insurer's ability under law to:
(A)  underwrite any insurance policy; or
(B)  cancel or decline to renew an insurance policy.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter A. General Provisions › Section 113.0004. Rules

Sec. 113.0004.  RULES.  The commissioner of insurance may adopt rules necessary to implement this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter B. Assumption of Liability and Insurance Requirements › Section 113.0051. Assumption of Liability by Peer-to-Peer Car Sharing Program

Sec. 113.0051.  ASSUMPTION OF LIABILITY BY PEER-TO-PEER CAR SHARING PROGRAM.  (a)  Except as provided by Subsection (b), a peer-to-peer car sharing program shall assume liability of an owner for bodily injury or property damage to third parties or uninsured or underinsured motorist or personal injury protection losses by damaged third parties during the car sharing period in an amount stated in the agreement, which may not be less than, as applicable, the amounts:
(1)  provided by Subchapter D, Chapter 601, Transportation Code;
(2)  required for uninsured or underinsured motorist coverage under Section 1952.101, Insurance Code; or
(3)  provided as the maximum amount of required personal injury protection coverage under Section 1952.153, Insurance Code.
(b)  A peer-to-peer car sharing program is not required to assume liability of an owner if the owner:
(1)  makes an intentional or fraudulent material misrepresentation or omission to the program before the car sharing period in which the loss occurred; or
(2)  acts in concert with a driver who fails to return the shared vehicle in accordance with the agreement.
(c)  Notwithstanding the definition of "termination time" under Section 113.0001 or this subchapter, the assumption of liability under Subsection (a) applies to bodily injury, property damage, uninsured and underinsured motorist, or personal injury protection losses by damaged third parties as required by Subchapter D, Chapter 601, Transportation Code, Section 1952.101, Insurance Code, and Section 1952.153, Insurance Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter B. Assumption of Liability and Insurance Requirements › Section 113.0052. Insurance Required

Sec. 113.0052.  INSURANCE REQUIRED.  (a)  A peer-to-peer car sharing program shall ensure that, during each car sharing period, the owner and the driver are insured under an automobile liability insurance policy that meets the requirements of this subchapter.
(b)  Insurance maintained for purposes of this subchapter:
(1)  must provide coverage in amounts not less than the amounts described by Section 601.072, Transportation Code;
(2)  must be primary during each car sharing period; and
(3)  must:
(A)  recognize that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program and specifically provide coverage for that use; or
(B)  not exclude the use of a shared vehicle by a driver.
(c)  The coverage requirements of this subchapter may be satisfied by:
(1)  automobile insurance maintained by the owner;
(2)  automobile insurance maintained by the driver;
(3)  automobile insurance maintained by the peer-to-peer car sharing program; or
(4)  a combination of Subdivisions (1), (2), and (3).
(d)  If a claim occurs in another state with minimum financial responsibility limits higher than the amounts described by Section 601.072, Transportation Code, during the car sharing period, the coverage maintained under Subsection (a) must satisfy the difference in minimum coverage amounts to the applicable policy limits.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter B. Assumption of Liability and Insurance Requirements › Section 113.0053. Automobile Insurance Policy Exclusions

Sec. 113.0053.  AUTOMOBILE INSURANCE POLICY EXCLUSIONS.  An automobile insurer may exclude any coverage and the duty to defend or indemnify for any claim afforded under an owner's automobile insurance policy during a car sharing period, including an exclusion of:
(1)  liability coverage for bodily injury and property damage;
(2)  personal injury protection coverage;
(3)  uninsured and underinsured motorist coverage;
(4)  medical payments coverage;
(5)  comprehensive physical damage coverage; and
(6)  collision physical damage coverage.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter B. Assumption of Liability and Insurance Requirements › Section 113.0054. Claims Related to Peer-to-Peer Car Sharing

Sec. 113.0054.  CLAIMS RELATED TO PEER-TO-PEER CAR SHARING.  (a)  An insurer or peer-to-peer car sharing program providing coverage under Section 113.0052(a) shall assume primary liability for a claim when:
(1)  a dispute exists as to who was in control of the shared vehicle at the time of the loss and the program does not have available, did not retain, or fails to provide the information required by Section 113.0103; or
(2)  a dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location described by Section 113.0001(10)(B).
(b)  If, at the time of a claim, the automobile insurance maintained by an owner or driver has lapsed or does not provide the coverage required under this subchapter, insurance maintained by a peer-to-peer car sharing program shall provide the coverage beginning with the first dollar of a claim and the program shall defend the claim.
(c)  Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program may not be dependent on another automobile insurer first denying a claim.  Another automobile insurance policy is not required to first deny a claim.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter B. Assumption of Liability and Insurance Requirements › Section 113.0055. Vicarious Liability

Sec. 113.0055.  VICARIOUS LIABILITY.  Notwithstanding any other law, a peer-to-peer car sharing program and an owner are not liable under a theory of vicarious liability in accordance with 49 U.S.C. Section 30106 or under any state or local law that imposes liability solely based on vehicle ownership.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter B. Assumption of Liability and Insurance Requirements › Section 113.0056. Contribution

Sec. 113.0056.  CONTRIBUTION.  An automobile insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of the insurer's policy may seek recovery against the peer-to-peer car sharing program's automobile insurer if the claim is:
(1)  made against the shared vehicle's owner or the shared vehicle's driver for loss or injury that occurs during the car sharing period; and
(2)  excluded under the terms of the insurer's policy.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter B. Assumption of Liability and Insurance Requirements › Section 113.0057. Insurable Interest

Sec. 113.0057.  INSURABLE INTEREST.  (a)  Notwithstanding any other law, a peer-to-peer car sharing program has an insurable interest in a shared vehicle during the car sharing period.
(b)  Nothing in this section creates a duty on a peer-to-peer car sharing program to maintain the coverage required under this subchapter.
(c)  A peer-to-peer car sharing program may own and maintain as the named insured one or more policies of automobile insurance that separately or in combination provide coverage for:
(1)  liability assumed by the program under an agreement;
(2)  liability of the owner;
(3)  damage to or loss of the shared vehicle; or
(4)  liability of the driver.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter B. Assumption of Liability and Insurance Requirements › Section 113.0058. Insurance Requirements

Sec. 113.0058.  INSURANCE REQUIREMENTS.  (a)  An insurance policy providing coverage described by Section 113.0057(c)(2) or (4) must expressly provide liability coverage, without prior notice to the insurer, for all shared vehicles during the car sharing period, subject to any conditions or exclusions permitted by this chapter.
(b)  An insurer authorized to engage in the business of insurance in this state or an eligible surplus lines insurer may issue an insurance policy described by Section 113.0057(c).
(c)  A peer-to-peer car sharing program is not required to itemize or charge the owner or driver the amount payable as premium under a policy described by Section 113.0057(c) that is allocable to coverage provided to the owner or driver if:
(1)  for the owner, the coverage is included without an additional or itemized charge in the fee charged by the program for the applicable car share reservation; or
(2)  for the driver, the coverage is included without an additional or itemized charge in the cost of the reservation of the shared vehicle.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter C. Peer-to-Peer Car Sharing Program Responsibilities › Section 113.0101. Required Disclosures and Notice

Sec. 113.0101.  REQUIRED DISCLOSURES AND NOTICE.  (a)  Each agreement entered into in this state must disclose to the owner and the driver:
(1)  any right of the peer-to-peer car sharing program to seek indemnification from the owner or driver for economic loss sustained by the program resulting from a breach of the agreement;
(2)  that an automobile insurance policy issued to the owner for the shared vehicle or to the driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program;
(3)  that the peer-to-peer car sharing program's insurance coverage on the owner and the driver is in effect only during each car sharing period;
(4)  that, for any use of the shared vehicle by the driver after the termination time, the owner and driver may not have insurance coverage;
(5)  the daily rate, fees, and, if applicable, any insurance costs that are charged to the owner or driver;
(6)  that the owner's automobile insurance may not provide coverage for a shared vehicle;
(7)  an emergency telephone number through which personnel capable of fielding roadside assistance and other customer service inquiries may be reached; and
(8)  if applicable, any  condition under which a driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis to book a shared vehicle.
(b)  When a person registers as an owner on a peer-to-peer car sharing program and before the owner makes a shared vehicle available for car sharing on the program, the program shall provide written notice to the owner that, if the shared vehicle has a lien against it, the shared vehicle's use through the program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter C. Peer-to-Peer Car Sharing Program Responsibilities › Section 113.0102. Authorization to Drive Required

Sec. 113.0102.  AUTHORIZATION TO DRIVE REQUIRED.  A peer-to-peer car sharing program may not enter into an agreement with a driver unless the driver who will operate the shared vehicle:
(1)  is a resident of this state and holds a driver's license issued by this state that authorizes the driver to operate vehicles of the class of the shared vehicle;
(2)  is a nonresident of this state and:
(A)  holds a driver's license issued by the state or country of the driver's residence that authorizes the driver to operate vehicles of the class of the shared vehicle; and
(B)  is at least the same age as that required of a resident of this state to drive; or
(3)  is otherwise specifically authorized by this state to drive vehicles of the class of the shared vehicle.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter C. Peer-to-Peer Car Sharing Program Responsibilities › Section 113.0103. Record Retention

Sec. 113.0103.  RECORD RETENTION.  (a)  A peer-to-peer car sharing program shall keep and maintain a record of:
(1)  the name and address of each driver who has entered into an agreement with the program; and
(2)  the driver's license number and place of issuance of each driver and individual who will operate a shared vehicle under the program.
(b)  A peer-to-peer car sharing program shall collect and verify records related to use of a shared vehicle under the program, including:
(1)  the times the vehicle is used;
(2)  car sharing period pick-up and drop-off locations;
(3)  money received by the owner; and
(4)  fees paid by the driver.
(c)  A peer-to-peer car sharing program shall provide information collected under Subsection (b) on request to the owner, the owner's insurer, or the driver's insurer to facilitate a claim coverage investigation, settlement, negotiation, or litigation.
(d)  A peer-to-peer car sharing program shall retain information collected under Subsection (b) for a period of not less than the limitations period provided under Section 16.003, Civil Practice and Remedies Code, for a personal injury suit.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter C. Peer-to-Peer Car Sharing Program Responsibilities › Section 113.0104. Responsibility for Car Sharing Equipment

Sec. 113.0104.  RESPONSIBILITY FOR CAR SHARING EQUIPMENT.  (a)  A peer-to-peer car sharing program is solely responsible for any equipment, including a global positioning system device or other special equipment, placed in or on a shared vehicle used under the program to monitor or facilitate the car sharing transaction. The program shall agree to indemnify and hold harmless the vehicle's owner for any damage to or theft of such equipment during the car sharing period not caused by the owner.
(b)  A peer-to-peer car sharing program may seek indemnity from a driver for any loss of or damage to equipment described by Subsection (a) that occurs during the car sharing period.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 113 - Peer-to-Peer Car Sharing Programs › Subchapter C. Peer-to-Peer Car Sharing Program Responsibilities › Section 113.0105. Automobile Safety Recall

Sec. 113.0105.  AUTOMOBILE SAFETY RECALL.  (a)  When a person registers as an owner on a peer-to-peer car sharing program and before the owner makes a shared vehicle available for car sharing on the program, the program shall:
(1)  verify that the vehicle does not have a safety recall for which repairs have not been made; and
(2)  notify the owner of the requirements under Subsection (b).
(b)  If an owner receives notice of a safety recall on a shared vehicle:
(1)  before the vehicle has been made available as a shared vehicle on a peer-to-peer car sharing program, the owner may not make the vehicle available as a shared vehicle on the program until the safety recall repair has been made;
(2)  while the vehicle is available as a shared vehicle on a peer-to-peer car sharing program, the owner shall remove the vehicle from the program as soon as practicably possible after receiving the safety recall notice and until the safety recall repair has been made; or
(3)  while the vehicle is being used in the possession of a driver, the owner shall notify the peer-to-peer car sharing program as soon as practicably possible after receiving the safety recall notice to allow the owner to address the safety recall repair.
Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), 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 114 - Human Trafficking Awareness and Prevention in Commercial Lodging Establishments › Subchapter A. General Provisions › Section 114.0001. Definitions

Sec. 114.0001.  DEFINITIONS.  In this chapter:
(1)  "Commercial lodging establishment" means a hotel, motel, inn, or similar business entity that offers more than 10 rooms to the public for temporary lodging for a fee.
(2)  "Human trafficking" means conduct that constitutes an offense under Section 20A.02, Penal Code.
(3)  "Operator" means a person who owns, operates, manages, or controls a business entity.
Text of subdivision effective until January 01, 2025
(4)  "Peace officer" means a peace officer described by Article 2.12, Code of Criminal Procedure, appointed or employed to serve as a peace officer for a law enforcement agency.
Text of subdivision effective on January 01, 2025
(4)  "Peace officer" means a peace officer described by Article 2A.001, Code of Criminal Procedure, appointed or employed to serve as a peace officer for a law enforcement agency.
Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1, eff. January 1, 2022.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.008, eff. January 1, 2025.
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 A. General Provisions › Section 114.0002. Rules

Sec. 114.0002.  RULES.  The attorney general by rule shall:
(1)  establish the requirements for operators of commercial lodging establishments to comply with the training required under Section 114.0051;
(2)  create and make available to commercial lodging establishments a template for the sign required under Section 114.0053; and
(3)  designate a telephone number for reporting a suspected act of human trafficking or a violation of 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 A. General Provisions › Section 114.0003. Effect on Municipal Ordinances

Sec. 114.0003.  EFFECT ON MUNICIPAL ORDINANCES.  (a)  This chapter does not preempt a municipal ordinance, rule, or other regulation related to human trafficking awareness and prevention in commercial lodging establishments, including training and certification requirements.
(b)  If a municipal ordinance described by Subsection (a) conflicts with a provision of this chapter, the more stringent regulation controls to the extent of the conflict.
Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1, eff. January 1, 2022.