reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter D. Membership in Criminal Street Gang or Foreign Terrorist Organization › Section 125.063. Public Nuisance; Use of Place

Sec. 125.063.  PUBLIC NUISANCE;  USE OF PLACE.  The habitual use of a place by a combination, criminal street gang, or foreign terrorist organization for engaging in gang activity is a public nuisance.
Added by Acts 1993, 73rd Leg., ch. 968, Sec. 3, eff. Aug. 30, 1993.  Amended by Acts 2003, 78th Leg., ch. 1202, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter D. Membership in Criminal Street Gang or Foreign Terrorist Organization › Section 125.064. Suit to Abate Nuisance

Sec. 125.064.  SUIT TO ABATE NUISANCE.  (a)  A district, county, or city attorney, the attorney general, or a resident of the state may sue to enjoin a public nuisance under this subchapter.
(b)  Any person who habitually associates with others to engage in gang activity as a member of a combination, criminal street gang, or foreign terrorist organization may be made a defendant in the suit.  Any person who owns or is responsible for maintaining a place that is habitually used for engaging in gang activity may be made a defendant in the suit.
(c)  If the suit is brought by the state, the petition does not require verification.
(d)  If the suit is brought by a resident, the resident is not required to show personal injury.
Added by Acts 1993, 73rd Leg., ch. 968, Sec. 3, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.12, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 318, Sec. 33, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1202, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter D. Membership in Criminal Street Gang or Foreign Terrorist Organization › Section 125.065. Court Order

Sec. 125.065.  COURT ORDER.  (a)  If the court finds that a combination, criminal street gang, or foreign terrorist organization constitutes a public nuisance, the court may enter an order:
(1)  enjoining a defendant in the suit from engaging in the gang activities of the combination, criminal street gang, or foreign terrorist organization; and
(2)  imposing other reasonable requirements to prevent the combination, criminal street gang, or foreign terrorist organization from engaging in future gang activities.
(b)  If the court finds that a place is habitually used in a manner that constitutes a public nuisance, the court may include in its order reasonable requirements to prevent the use of the place for gang activity.
Added by Acts 1993, 73rd Leg., ch. 968, Sec. 3, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.13, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 318, Sec. 34, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1202, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter D. Membership in Criminal Street Gang or Foreign Terrorist Organization › Section 125.066. Violation of Court Order

Sec. 125.066.  VIOLATION OF COURT ORDER.  A person who violates a temporary or permanent injunctive order under this subchapter is subject to the following sentences for civil contempt:
(1)  a fine of not less than $1,000 nor more than $10,000;
(2)  confinement in jail for a term of not less than 10 nor more than 30 days;  or
(3)  both fine and confinement.
Added by Acts 1993, 73rd Leg., ch. 968, Sec. 3, eff. Aug. 30, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter D. Membership in Criminal Street Gang or Foreign Terrorist Organization › Section 125.067. Continuation of Activities Pending Trial or Appeal; Appeal

Sec. 125.067.  CONTINUATION OF ACTIVITIES PENDING TRIAL OR APPEAL;  APPEAL.  (a)  A person may not continue the enjoined activity pending trial or appeal on the merits of an injunctive order in a suit brought under this subchapter.
(b)  Not later than the 90th day after the date of the injunctive order, an appropriate court of appeals shall hear and decide an appeal taken by a person enjoined under this subchapter.
(c)  If an appeal is not taken by a person temporarily enjoined under this subchapter, the person is entitled to a trial on the merits not later than the 90th day after the date of the temporary injunctive order, unless otherwise ordered by the court.
Added by Acts 1993, 73rd Leg., ch. 968, Sec. 3, eff. Aug. 30, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 976 (H.B. 1622), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter D. Membership in Criminal Street Gang or Foreign Terrorist Organization › Section 125.0675. Injunction for Specified Period

Sec. 125.0675.  INJUNCTION FOR SPECIFIED PERIOD.  In addition to any other order that may be issued under this subchapter or other law, a court of appeals or a trial court acting under Section 125.067(b) or (c) may issue an injunctive order under this subchapter stating that the injunction remains in effect during the course of the trial or until lifted by the court.
Added by Acts 2003, 78th Leg., ch. 1202, Sec. 12, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 125 - Common and Public Nuisances › Subchapter D. Membership in Criminal Street Gang or Foreign Terrorist Organization › Section 125.069. Use of Place; Evidence

Sec. 125.069.  USE OF PLACE;  EVIDENCE.  In an action brought under this subchapter, proof that gang activity by a member of a combination, a criminal street gang, or a foreign terrorist organization is frequently committed at a place or proof that a place is frequently used for engaging in gang activity by a member of a combination, a criminal street gang, or a foreign terrorist organization is prima facie evidence that the proprietor knowingly permitted the act, unless the act constitutes conspiring to commit gang activity.
Added by Acts 1993, 73rd Leg., ch. 968, Sec. 3, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.14, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 318, Sec. 35, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1202, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 126 - Local Religious Congregations › Subchapter A. Receivership for Local Religious Congregation › Section 126.001. Definition

Sec. 126.001.  DEFINITION.  In this subchapter, "religious congregation" does not include the religion or a denomination of the religion as a whole.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 126 - Local Religious Congregations › Subchapter A. Receivership for Local Religious Congregation › Section 126.002. Appointment of Receiver

Sec. 126.002.  APPOINTMENT OF RECEIVER.  (a)  The judge of a district court or another court of jurisdiction shall on application appoint a receiver for any religious congregation that:
(1)  formerly maintained regular forms of work and worship in a given community at regular intervals;  and
(2)  has ceased to function as a religious congregation in those or similar capacities for at least one year.
(b)  The judge shall hear and determine the application in term or in vacation.
(c)  Before appointing a receiver, the judge shall apply to the secretary of state for a certified copy of the record of trustees required by this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 126 - Local Religious Congregations › Subchapter A. Receivership for Local Religious Congregation › Section 126.003. Qualifications

Sec. 126.003.  QUALIFICATIONS.  (a)  A person appointed receiver for the religious congregation need not be a member of an active religious congregation of like faith.  If an organization is appointed receiver, the organization must be a recognized organization of like faith.
(b)  If the organization of like faith has a state society or an organization similarly formed and named and the society or organization is authorized to act as receiver or trustee for the organization , the court may appoint the society or organization to serve as receiver.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 126 - Local Religious Congregations › Subchapter A. Receivership for Local Religious Congregation › Section 126.004. Powers and Duties

Sec. 126.004.  POWERS AND DUTIES.  (a)  The receiver shall take charge of all property belonging to the religious congregation and administer that property under the direction of the court for the best interests of the religious congregation.
(b)  If necessary to preserve the property, the receiver may sell it under order of the court.
(c)  The court shall order the public or private sale of property belonging to a religious congregation that may not be revived or reorganized within a reasonable time.  The proceeds of the sale shall be delivered to the receiver, who shall use them for a religious congregation of like faith.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 126 - Local Religious Congregations › Subchapter B. Trustees › Section 126.011. Record

Sec. 126.011.  RECORD.  (a)  On receipt of $2.50, the secretary of state shall record the names of all trustees appointed by any state organization of a religious congregation in this state.
(b)  The appointment must be duly authenticated by an officer authorized to acknowledge deeds in this state.
(c)  The secretary of state shall keep the record in a well-bound book in the secretary of state's office.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 126 - Local Religious Congregations › Subchapter B. Trustees › Section 126.013. Change in Trustees

Sec. 126.013.  CHANGE IN TRUSTEES.  This chapter does not affect a religious congregation's right to change, appoint, or elect its trustees.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 127 - Indemnity Provisions in Certain Mineral Agreements › Section 127.002. Findings; Certain Agreements Against Public Policy

Sec. 127.002.  FINDINGS;  CERTAIN AGREEMENTS AGAINST PUBLIC POLICY.  (a)  The legislature finds that an inequity is fostered on certain contractors by the indemnity provisions in certain agreements pertaining to wells for oil, gas, or water or to mines for other minerals.
(b)  Certain agreements that provide for indemnification of a negligent indemnitee are against the public policy of this state.
(c)  The legislature finds that joint operating agreement provisions for the sharing of costs or losses arising from joint activities, including costs or losses attributable to the negligent acts or omissions of any party conducting the joint activity:
(1)  are commonly understood, accepted, and desired by the parties to joint operating agreements;
(2)  encourage mineral development;
(3)  are not against the public policy of this state;  and
(4)  are enforceable unless those costs or losses are expressly excluded by written agreement.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 36, Sec. 2, eff. April 19, 1991.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 127 - Indemnity Provisions in Certain Mineral Agreements › Section 127.003. Agreement Void and Unenforceable

Sec. 127.003.  AGREEMENT VOID AND UNENFORCEABLE.  (a)  Except as otherwise provided by this chapter, a covenant, promise, agreement, or understanding contained in, collateral to, or affecting an agreement pertaining to a well for oil, gas, or water or to a mine for a mineral is void if it purports to indemnify a person against loss or liability for damage that:
(1)  is caused by or results from the sole or concurrent negligence of the indemnitee, his agent or employee, or an individual contractor directly responsible to the indemnitee;  and
(2)  arises from:
(A)  personal injury or death;
(B)  property injury;  or
(C)  any other loss, damage, or expense that arises from personal injury, death, or property injury.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 127 - Indemnity Provisions in Certain Mineral Agreements › Section 127.004. Exclusions

Sec. 127.004.  EXCLUSIONS.  This chapter does not apply to loss or liability for damages or an expense arising from:
(1)  personal injury, death, or property injury that results from radioactivity;
(2)  property injury that results from pollution, including cleanup and control of the pollutant;
(3)  property injury that results from reservoir or underground damage, including loss of oil, gas, other mineral substance, or water or the well bore itself;
(4)  personal injury, death, or property injury that results from the performance of services to control a wild well to protect the safety of the general public or to prevent depletion of vital natural resources;  or
(5)  cost of control of a wild well, underground or above the surface.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 1102, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 127 - Indemnity Provisions in Certain Mineral Agreements › Section 127.005. Insurance Coverage

Sec. 127.005.  INSURANCE COVERAGE.  (a)  This chapter does not apply to an agreement that provides for indemnity if the parties agree in writing that the indemnity obligation will be supported by liability insurance coverage to be furnished by the indemnitor subject to the limitations specified in Subsection (b) or (c).
(b)  With respect to a mutual indemnity obligation, the indemnity obligation is limited to the extent of the coverage and dollar limits of insurance or qualified self-insurance each party as indemnitor has agreed to obtain for the benefit of the other party as indemnitee.
(c)  With respect to a unilateral indemnity obligation, the amount of insurance required may not exceed $500,000.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 1102, Sec. 3, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 36, Sec. 3, eff. April 19, 1991;  Acts 1995, 74th Leg., ch. 679, Sec. 1, eff. Aug. 28, 1995;  Acts 1999, 76th Leg., ch. 1006, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 127 - Indemnity Provisions in Certain Mineral Agreements › Section 127.006. Insurance Contract; Workers' Compensation

Sec. 127.006.  INSURANCE CONTRACT;  WORKERS' COMPENSATION.  This chapter does not affect:
(1)  the validity of an insurance contract;  or
(2)  a benefit conferred by the workers' compensation statutes of this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 127 - Indemnity Provisions in Certain Mineral Agreements › Section 127.007. Owner of Surface Estate

Sec. 127.007.  OWNER OF SURFACE ESTATE.  This chapter does not deprive an owner of the surface estate of the right to secure indemnity from a lessee, an operator, a contractor, or other person conducting operations for the exploration or production of minerals of the owner's land.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 127A - Disclosures Regarding Indemnification Obligations and Insurance Coverage Regarding Well or Mine Services Provided by Certain Subcontractors › Section 127A.001. Definitions

Sec. 127A.001.  DEFINITIONS.  In this chapter:
(1)  "Temporary placement service" means an entity or other person that employs individuals or contracts with another entity or person to refer or assign personnel to the placement service's clients to support or supplement the clients' workforce in a special work situation, including:
(A)  an employee absence;
(B)  a temporary skill shortage;
(C)  a seasonal or cyclical workload;
(D)  work requiring uniquely skilled personnel; or
(E)  a special assignment or project.
(2)  "Temporary subcontractor" means an independent contractor who, in connection with performing well or mine services:
(A)  is referred to or placed by a temporary placement service with the placement service's client; or
(B)  has entered into an agreement with a temporary placement service to provide those services to the placement service's client.
(3)  "Well or mine service" has the meaning assigned by Section 127.001.
Added by Acts 2021, 87th Leg., R.S., Ch. 903 (H.B. 3416), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 127A - Disclosures Regarding Indemnification Obligations and Insurance Coverage Regarding Well or Mine Services Provided by Certain Subcontractors › Section 127A.002. Disclosure Regarding Temporary Subcontractor Indemnification Obligations and Insurance Coverage Requirements

Sec. 127A.002.  DISCLOSURE REGARDING TEMPORARY SUBCONTRACTOR INDEMNIFICATION OBLIGATIONS AND INSURANCE COVERAGE REQUIREMENTS.  (a) Before a temporary placement service refers or assigns a temporary subcontractor to the placement service's client to perform well or mine services, the placement service shall provide a written disclosure to the subcontractor that:
(1)  describes the subcontractor's indemnification obligations, if any, to the placement service and to the placement service's client in connection with the services the subcontractor will provide to the client;
(2)  describes any insurance policy, including the amount of coverage and any limits on coverage, that is provided for the benefit of the subcontractor by the placement service or the placement service's client, or both, in connection with the services the subcontractor will provide to the client; and
(3)  expressly states whether and to what extent any insurance policy described by Subdivision (2) will cover the subcontractor's tort liability and contractual indemnity obligations arising out of the performance of the services by the subcontractor for the placement service's client or clients.
(b)  The disclosure required under Subsection (a) may state that the disclosure does not alter, amend, or otherwise modify the terms of any agreement governing services provided by the temporary subcontractor or any insurance policy described by Subsection (a)(2), provided that the temporary placement service is responsible for the content of the disclosure.
(c)  A temporary placement service shall:
(1)  provide the disclosure required under Subsection (a) to a temporary subcontractor as a separate document from any agreement entered into with the subcontractor by the placement service or the placement service's client; and
(2)  ensure that the disclosure is written in plain English and in a manner that is clear, concise, and designed to enable the temporary subcontractor to understand the subcontractor's contractual indemnity obligations, if any, and any insurance policy provided for the benefit of the subcontractor in connection with well or mine services to be performed by the subcontractor.
(d)  A temporary placement service may satisfy the requirement to describe an insurance policy under Subsection (a)(2) by providing to the temporary subcontractor a certificate of insurance evidencing applicable coverage and limits.
Added by Acts 2021, 87th Leg., R.S., Ch. 903 (H.B. 3416), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 127A - Disclosures Regarding Indemnification Obligations and Insurance Coverage Regarding Well or Mine Services Provided by Certain Subcontractors › Section 127A.003. Disclosure Requirements for Ongoing Insurance Policy

Sec. 127A.003.  DISCLOSURE REQUIREMENTS FOR ONGOING INSURANCE POLICY.  A temporary placement service that provides a disclosure to a temporary subcontractor under Section 127A.002 that states that an insurance policy described in that disclosure that is provided for the benefit of the temporary subcontractor remains in effect for a specified time period and with respect to a specified client or clients is not required to provide that subcontractor with an additional disclosure under Section 127A.002 for future services provided by the subcontractor to that client or those clients until:
(1)  the insurance policy is no longer in effect; or
(2)  the placement service is required to provide the subcontractor a new disclosure because of a change concerning the insurance policy as provided under Section 127A.004.
Added by Acts 2021, 87th Leg., R.S., Ch. 903 (H.B. 3416), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 127A - Disclosures Regarding Indemnification Obligations and Insurance Coverage Regarding Well or Mine Services Provided by Certain Subcontractors › Section 127A.004. Notice Required for Certain Changes Related to Insurance Policy

Sec. 127A.004.  NOTICE REQUIRED FOR CERTAIN CHANGES RELATED TO INSURANCE POLICY.  A temporary placement service shall provide a temporary subcontractor who is provided a disclosure of a provided insurance policy under Section 127A.002 a separate written notice of a cancellation or nonrenewal of the policy  or a material reduction in coverage under the insurance policy not later than the 30th day before the date the cancellation or  nonrenewal of the policy or the material reduction in insurance coverage takes effect.
Added by Acts 2021, 87th Leg., R.S., Ch. 903 (H.B. 3416), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 128 - Limitation on Suits Against Sport Shooting Range or Firearms or Ammunition Manufacturer, Trade Association, or Seller › Subchapter B. Civil Actions › Section 128.051. Definitions

Sec. 128.051.  DEFINITIONS.  In this subchapter:
(1)  "Claim" means any relief sought in a civil action, including all forms of monetary recovery or injunctive relief.
(2)  "Claimant" has the meaning assigned by Section 41.001.
(3)  "Expert" means a person who is:
(A)  giving opinion testimony about the appropriate standard of care for a sport shooting range, an owner or operator of a sport shooting range, or the owner of real property on which a sport shooting range is operated, or the causal relationship between the injury, harm, or damages claimed and the alleged departure from the applicable standard of care; and
(B)  qualified to render opinions on the standards and causal relationship described by Paragraph (A) under the Texas Rules of Evidence.
(4)  "Expert report" means a written report by an expert that provides a fair summary of the expert's opinions as of the date of the report regarding applicable standards of care for operation of a sport shooting range, the manner in which a defendant failed to meet the standards, and the causal relationship between that failure and the injury, harm, or damages claimed.
(5)  "Sport shooting range" has the meaning assigned by Section 250.001, Local Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 624 (S.B. 766), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 128 - Limitation on Suits Against Sport Shooting Range or Firearms or Ammunition Manufacturer, Trade Association, or Seller › Subchapter B. Civil Actions › Section 128.052. Limitation on Civil Action and Recovery of Damages

Sec. 128.052.  LIMITATION ON CIVIL ACTION AND RECOVERY OF DAMAGES.  (a)  Except as provided by Subsection (b), a civil action may not be brought against a sport shooting range, the owner or operator of a sport shooting range, or the owner of the real property on which a sport shooting range is operated for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the discharge of firearms.
(b)  Nothing in this section prohibits a civil action against a sport shooting range, the owner or operator of a sport shooting range, or the owner of the real property on which a sport shooting range is operated for recovery of damages for:
(1)  breach of contract for use of the real property on which a sport shooting range is located;
(2)  damage or harm to private property caused by the discharge of firearms on a sport shooting range;
(3)  personal injury or death caused by the discharge of a firearm on a sport shooting range; or
(4)  injunctive relief to enforce a valid ordinance, statute, or regulation.
(c)  Damages may be awarded, or an injunction may be obtained, in a civil action brought under this section if the claimant shows by a preponderance of the evidence, through the testimony of one or more expert witnesses, that the sport shooting range, the owner or operator of the sport shooting range, or the owner of real property on which the sport shooting range is operated deviated from the standard of care that is reasonably expected of an ordinarily prudent sport shooting range, owner or operator of a sport shooting range, or owner of real property on which a sport shooting range is operated in the same or similar circumstances.
Added by Acts 2011, 82nd Leg., R.S., Ch. 624 (S.B. 766), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 128 - Limitation on Suits Against Sport Shooting Range or Firearms or Ammunition Manufacturer, Trade Association, or Seller › Subchapter B. Civil Actions › Section 128.053. Expert Report

Sec. 128.053.  EXPERT REPORT.  (a)  In a suit against a sport shooting range, an owner or operator of a sport shooting range, or the owner of real property on which a sport shooting range is operated, a claimant shall, not later than the 90th day after the date the original petition was filed, serve on each party or the party's attorney one or more expert reports, with a curriculum vitae of each expert listed in the report for each defendant against whom a claim is asserted.  The date for serving the report may be extended by written agreement of the affected parties.  Each defendant whose conduct is implicated in a report must file and serve any objection to the sufficiency of the report not later than the 21st day after the date the report is served or all objections are waived.
(b)  If, as to a defendant, an expert report has not been served within the period specified by Subsection (a), the court, on the motion of the affected defendant, shall, subject to Subsection (c), enter an order that:
(1)  awards to the affected defendant attorney's fees and costs of court incurred by the defendant; and
(2)  dismisses the claim with prejudice with respect to the affected defendant.
(c)  If an expert report has not been served within the period specified by Subsection (a) because elements of the report are found deficient, the court may grant one extension of not more than 30 days to the claimant in order to cure the deficiency.  If the claimant does not receive notice of the court's ruling granting the extension until after the 90th day after the date the deadline has passed, then the 30-day extension runs from the date the plaintiff first receives the notice.
(d)  Notwithstanding any other provision of this section, a claimant may satisfy any requirement of this section for serving an expert report by serving reports of separate experts regarding different defendants or regarding different issues arising from the conduct of a defendant, including issues of liability and causation.  Nothing in this section shall be construed to mean that a single expert must address all liability and causation issues with respect to all defendants or with respect to both liability and causation issues for a defendant.
(e)  A court shall grant a motion challenging the adequacy of an expert report only if it appears to the court, after a hearing, that the report does not represent an objective, good faith effort to comply with the requirements of an expert report.
(f)  Until a claimant has served the expert report and curriculum vitae as required by Subsection (a), all discovery is stayed except that after a claim is filed all claimants, collectively, may take not more than two depositions before the expert report is served as required by Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 624 (S.B. 766), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129 - Age of Majority › Section 129.001. Age of Majority

Sec. 129.001.  AGE OF MAJORITY.  The age of majority in this state is 18 years.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129 - Age of Majority › Section 129.002. Rights, Privileges, or Obligations

Sec. 129.002.  RIGHTS, PRIVILEGES, OR OBLIGATIONS.  A law, rule, or ordinance enacted or adopted before August 27, 1973, that extends a right, privilege, or obligation to an individual on the basis of a minimum age of 19, 20, or 21 years shall be interpreted as prescribing a minimum age of 18 years.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129 - Age of Majority › Section 129.003. Alcoholic Beverage Code Prevails

Sec. 129.003.  ALCOHOLIC BEVERAGE CODE PREVAILS.  The minimum age provisions of the Alcoholic Beverage Code prevail to the extent of any conflict with this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129A - Relief for Cyberbullying of Child › Section 129A.001. Definition

Sec. 129A.001.  DEFINITION.  In this chapter, "cyberbullying" has the meaning assigned by Section 37.0832(a), Education Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129A - Relief for Cyberbullying of Child › Section 129A.002. Injunctive Relief

Sec. 129A.002.  INJUNCTIVE RELIEF.  (a)  A recipient of cyberbullying behavior who is younger than 18 years of age at the time the cyberbullying occurs or a parent of or person standing in parental relation to the recipient may seek injunctive relief under this chapter against the individual who was cyberbullying the recipient or, if the individual is younger than 18 years of age, against a parent of or person standing in parental relation to the individual.
(b)  A court may issue a temporary restraining order, temporary injunction, or permanent injunction appropriate under the circumstances to prevent any further cyberbullying, including an order or injunction:
(1)  enjoining a defendant from engaging in cyberbullying; or
(2)  compelling a defendant who is a parent of or person standing in parental relation to an individual who is younger than 18 years of age to take reasonable actions to cause the individual to cease engaging in cyberbullying.
(c)  A plaintiff in an action for injunctive relief brought under this section is entitled to a temporary restraining order on showing that the plaintiff is likely to succeed in establishing that the individual was cyberbullying the recipient.  The plaintiff is not required to plead or prove that, before notice can be served and a hearing can be held, immediate and irreparable injury, loss, or damage is likely to result from past or future cyberbullying by the individual against the recipient.
(d)  A plaintiff is entitled to a temporary or permanent injunction under this section on showing that the individual was cyberbullying the recipient.
(e)  A court granting a temporary restraining order or temporary injunction under this section may, on motion of either party or sua sponte, order the preservation of any relevant electronic communication.  The temporary restraining order or temporary injunction is not required to:
(1)  define the injury or state why it is irreparable;
(2)  state why the order was granted without notice; or
(3)  include an order setting the cause for trial on the merits with respect to the ultimate relief requested.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129A - Relief for Cyberbullying of Child › Section 129A.003. Promulgation of Forms

Sec. 129A.003.  PROMULGATION OF FORMS.  (a)  The supreme court shall, as the court finds appropriate, promulgate forms for use as an application for initial injunctive relief by individuals representing themselves in suits involving cyberbullying and instructions for the proper use of each form or set of forms.
(b)  The forms and instructions:
(1)  must be written in language that is easily understood by the general public;
(2)  shall be made readily available to the general public in the manner prescribed by the supreme court; and
(3)  must be translated into the Spanish language.
(c)  The Spanish language translation of a form must:
(1)  state:
(A)  that the Spanish language translated form is to be used solely for the purpose of assisting in understanding the form and may not be submitted to the court; and
(B)  that the English language version of the form must be submitted to the court; or
(2)  be incorporated into the English language version of the form in a manner that is understandable to both the court and members of the general public.
(d)  Each form and its instructions must clearly and conspicuously state that the form is not a substitute for the advice of an attorney.
(e)  The attorney general and the clerk of a court shall inform members of the general public of the availability of a form promulgated by the supreme court under this section as appropriate and make the form available free of charge.
(f)  A court shall accept a form promulgated by the supreme court under this section unless the form has been completed in a manner that causes a substantive defect that cannot be cured.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129A - Relief for Cyberbullying of Child › Section 129A.004. Inapplicability

Sec. 129A.004.  INAPPLICABILITY.  (a)  An action filed under this chapter may not be joined with an action filed under Title 1, 4, or 5, Family Code.
(b)  Chapter 27 does not apply to an action under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129A - Relief for Cyberbullying of Child › Section 129A.005. Certain Conduct Excepted

Sec. 129A.005.  CERTAIN CONDUCT EXCEPTED.  This chapter does not apply to a claim brought against an interactive computer service, as defined by 47 U.S.C. Section 230, for cyberbullying.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129B - Liability for Allowing Minors to Access Pornographic Material › Section 129B.001. Definitions

Sec. 129B.001.  DEFINITIONS.  In this chapter:
(1)  "Commercial entity" includes a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized business entity.
(2)  "Distribute" means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means.
(3)  "Minor" means an individual younger than 18 years of age.
(4)  "News-gathering organization" includes:
(A)  an employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, who is acting within the course and scope of that employment and can provide documentation of that employment with the newspaper, news publication, or news source; and
(B)  an employee of a radio broadcast station, television broadcast station, cable television operator, or wire service who is acting within the course and scope of that employment and can provide documentation of that employment.
(5)  "Publish" means to communicate or make information available to another person or entity on a publicly available Internet website.
(6)  "Sexual material harmful to minors" includes any material that:
(A)  the average person applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal to or pander to the prurient interest;
(B)  in a manner patently offensive with respect to minors, exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated displays or depictions of:
(i)  a person's pubic hair, anus, or genitals or the nipple of the female breast;
(ii)  touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals; or
(iii)  sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and
(C)  taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
(7)  "Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. The term includes records from mortgage, education, and employment entities.
Added by Acts 2023, 88th Leg., R.S., Ch. 676 (H.B. 1181), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129B - Liability for Allowing Minors to Access Pornographic Material › Section 129B.002. Publication of Material Harmful to Minors

Sec. 129B.002.  PUBLICATION OF MATERIAL HARMFUL TO MINORS.  (a)  A commercial entity that knowingly and intentionally publishes or distributes material on an Internet website, including a social media platform, more than one-third of which is sexual material harmful to minors, shall use reasonable age verification methods as described by Section 129B.003 to verify that an individual attempting to access the material is 18 years of age or older.
(b)  A commercial entity that performs the age verification required by Subsection (a) or a third party that performs the age verification required by Subsection (a) may not retain any identifying information of the individual.
Added by Acts 2023, 88th Leg., R.S., Ch. 676 (H.B. 1181), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129B - Liability for Allowing Minors to Access Pornographic Material › Section 129B.003. Reasonable Age Verification Methods

Sec. 129B.003.  REASONABLE AGE VERIFICATION METHODS.  (a)  In this section, "digital identification" means information stored on a digital network that may be accessed by a commercial entity and that serves as proof of the identity of an individual.
(b)  A commercial entity that knowingly and intentionally publishes or distributes material on an Internet website or a third party that performs age verification under this chapter shall require an individual to:
(1)  provide digital identification; or
(2)  comply with a commercial age verification system that verifies age using:
(A)  government-issued identification; or
(B)  a commercially reasonable method that relies on public or private transactional data to verify the age of an individual.
Added by Acts 2023, 88th Leg., R.S., Ch. 676 (H.B. 1181), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129B - Liability for Allowing Minors to Access Pornographic Material › Section 129B.004. Sexual Materials Health Warnings

Sec. 129B.004.  SEXUAL MATERIALS HEALTH WARNINGS.  A commercial entity required to use reasonable age verification methods under Section 129B.002(a) shall:
(1)  display the following notices on the landing page of the Internet website on which sexual material harmful to minors is published or distributed and all advertisements for that Internet website in 14-point font or larger:
"TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses, and weakens brain function."
"TEXAS HEALTH AND HUMAN SERVICES WARNING: Exposure to this content is associated with low self-esteem and body image, eating disorders, impaired brain development, and other emotional and mental illnesses."
"TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography increases the demand for prostitution, child exploitation, and child pornography."; and
(2)  display the following notice at the bottom of every page of the Internet website in 14-point font or larger:
"U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION HELPLINE:
1-800-662-HELP (4357)
THIS HELPLINE IS A FREE, CONFIDENTIAL INFORMATION SERVICE (IN ENGLISH OR SPANISH) OPEN 24 HOURS PER DAY, FOR INDIVIDUALS AND FAMILY MEMBERS FACING MENTAL HEALTH OR SUBSTANCE USE DISORDERS. THE SERVICE PROVIDES REFERRAL TO LOCAL TREATMENT FACILITIES, SUPPORT GROUPS, AND COMMUNITY-BASED ORGANIZATIONS."
Added by Acts 2023, 88th Leg., R.S., Ch. 676 (H.B. 1181), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129B - Liability for Allowing Minors to Access Pornographic Material › Section 129B.005. Applicability of Chapter

Sec. 129B.005.  APPLICABILITY OF CHAPTER.  (a)  This chapter does not apply to a bona fide news or public interest broadcast, website video, report, or event and may not be construed to affect the rights of a news-gathering organization.
(b)  An Internet service provider, or its affiliates or subsidiaries, a search engine, or a cloud service provider may not be held to have violated this chapter solely for providing access or connection to or from a website or other information or content on the Internet or on a facility, system, or network not under that provider's control, including transmission, downloading, intermediate storage, access software, or other services to the extent the provider or search engine is not responsible for the creation of the content that constitutes sexual material harmful to minors.
Added by Acts 2023, 88th Leg., R.S., Ch. 676 (H.B. 1181), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 129B - Liability for Allowing Minors to Access Pornographic Material › Section 129B.006. Civil Penalty; Injunction

Sec. 129B.006.  CIVIL PENALTY; INJUNCTION.  (a)  If the attorney general believes that an entity is knowingly violating or has knowingly violated this chapter and the action is in the public interest, the attorney general may bring an action in a Travis County district court or the district court in the county in which the principal place of business of the entity is located in this state to enjoin the violation, recover a civil penalty, and obtain other relief the court considers appropriate.
(b)  A civil penalty imposed under this section for a violation of Section 129B.002 or 129B.003 may be in an amount equal to not more than the total, if applicable, of:
(1)  $10,000 per day that the entity operates an Internet website in violation of the age verification requirements of this chapter;
(2)  $10,000 per instance when the entity retains identifying information in violation of Section 129B.002(b); and
(3)  if, because of the entity's violation of the age verification requirements of this chapter, one or more minors accesses sexual material harmful to minors, an additional amount of not more than $250,000.
(c)  The amount of a civil penalty under this section shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  the economic effect of a penalty on the entity on whom the penalty will be imposed;
(5)  the entity's knowledge that the act constituted a violation of this chapter; and
(6)  any other matter that justice may require.
(d)  The attorney general may recover reasonable and necessary attorney's fees and costs incurred in an action under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 676 (H.B. 1181), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 130 - Liability Provisions in Certain Construction Contracts › Section 130.001. Definition

Sec. 130.001.  DEFINITION.  In this chapter "construction contract" means a contract or agreement made and entered into by an owner, contractor, subcontractor, registered architect, licensed engineer, or supplier concerning the design, construction, alteration, repair, or maintenance of a building, structure, appurtenance, road, highway, bridge, dam, levee, or other improvement to or on real property, including moving, demolition, and excavation connected with the real property.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.14(a), eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 351, Sec. 2, eff. Sept. 1, 2001.