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Texas Business & Commerce Code - Chapter 35 Miscellaneous

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  • Texas Business & Commerce Code Section 35.01 - Definitions
    (a) In Sections 35.02-35.08 of this code, unless the context requires a different definition, (1) "Security instrument" means a mortgage, deed of trust, security agreement ...
  • Texas Business & Commerce Code Section 35.015 - Election To Be Treated As A Utility
    In this chapter: (1) Any person who is a utility under the definition contained in Subdivision (2) of Subsection (a) of Section 35.01 above shall ...
  • Texas Business & Commerce Code Section 35.02 - Filing Utility Security Instruments With Secretary Of State; Perfection; Notice
    (a) Payment of the statutory filing fee and deposit for filing in the office of the Secretary of State of a security instrument executed by ...
  • Texas Business & Commerce Code Section 35.03 - Duration Of Notice
    The perfection or notice provided by any security instrument filed under Section 35.02 of this code is effective from the date of deposit for filing ...
  • Texas Business & Commerce Code Section 35.04 - Notice Of Name Change, Merger Or Consolidation
    (a) Where a utility changes its name or merges or consolidates with another person after the deposit for filing of a security instrument executed by ...
  • Texas Business & Commerce Code Section 35.05 - Filing Of Security Instruments And Statement Of Name Change, Merger Or Consolidation By Secretary Of State; Fees
    (a) The Secretary of State shall endorse upon any security instrument and any statement of name change, merger, or consolidation deposited for filing in his ...
  • Texas Business & Commerce Code Section 35.06 - Information From Secretary Of State
    Upon the request of any person, the Secretary of State shall issue his certificate showing whether there is on file on the date and hour ...
  • Texas Business & Commerce Code Section 35.07 - Recording Of Notice In County Of Real Property; Separate Index By County Clerk Of Security Instruments And Continuation Statements
    (a) If any security instrument filed with the office of the Secretary of State under Section 35.02 of this code grants an interest, as security, ...
  • Texas Business & Commerce Code Section 35.08 - Prior Perfected Liens; Refiling With Secretary Of State
    The perfection or notice provided by any security instrument covering any real or personal property located in this state which was heretofore filed or recorded ...
  • Texas Business & Commerce Code Section 35.09 - Repealer
    The following act and all other acts and parts of acts inconsistent herewith are hereby repealed: Article 6645, Revised Civil Statutes of Texas, 1925, as ...
  • Texas Business & Commerce Code Section 35.14 - Definitions
    In Sections 35.15-35.21 of this code, unless the context requires a different definition, (1) "agent" includes officer, employee, and receiver; (2) "airbill" means a document ...
  • Texas Business & Commerce Code Section 35.15 - Duties Of Railroad Commission
    (a) The railroad commission shall (1) prescribe forms, terms, and conditions for authenticating, certifying, or validating bills of lading issued by a common carrier; (2) ...
  • Texas Business & Commerce Code Section 35.16 - Agent Wrongfully Failing To Issue Bill Of Lading
    (a) An agent of a common carrier may not after lawful demand fail or refuse to issue a bill of lading in accordance with Chapter ...
  • Texas Business & Commerce Code Section 35.17 - Agent Issuing Fraudulent Bill Of Lading
    (a) An agent of a common carrier may not with intent to defraud a person (1) issue a bill of lading; (2) misdescribe in a ...
  • Texas Business & Commerce Code Section 35.18 - Agent Issuing Duplicate Order Bill Of Lading
    (a) Except where customary in overseas transportation, an agent of a common carrier may not knowingly issue or aid in issuing an order bill of ...
  • Texas Business & Commerce Code Section 35.20 - Inducing Issuance Of Fraudulent Bill Of Lading
    (a) A person may not with intent to defraud induce an agent of a common carrier to (1) issue to him a bill of lading; ...
  • Texas Business & Commerce Code Section 35.21 - Negotiating Fraudulent Bill Of Lading
    (a) A person may not with intent to defraud negotiate or transfer a bill of lading (1) issued in violation of Chapter 7 of this ...
  • Texas Business & Commerce Code Section 35.27 - Definitions
    In Sections 35.28-35.33 of this code, unless the context requires a different definition, (1) "goods" means all things which are treated as movable for the ...
  • Texas Business & Commerce Code Section 35.28 - Warehouseman Issuing Fraudulent Warehouse Receipt
    (a) A warehouseman, his officer, agent, or employee, may not with intent to defraud issue a warehouse receipt which contains a false statement of fact. ...
  • Texas Business & Commerce Code Section 35.29 - Warehouseman Failing To State His Ownership Of Goods On Receipt
    (a) A warehouseman, his officer, agent, or employee, may not knowingly issue a negotiable warehouse receipt describing goods the warehouseman owns and is storing (whether ...
  • Texas Business & Commerce Code Section 35.30 - Warehouseman Issuing Warehouse Receipt Without Goods
    (a) A warehouseman, his officer, agent, or employee, may not issue a warehouse receipt if he knows at the time of issuance that the goods ...
  • Texas Business & Commerce Code Section 35.31 - Warehouseman Issuing Duplicate Warehouse Receipt
    (a) A warehouseman, his officer, agent, or employee, may not issue a duplicate or additional negotiable warehouse receipt for goods if he knows at the ...
  • Texas Business & Commerce Code Section 35.32 - Warehouseman Wrongfully Delivering Goods
    (a) A warehouseman, his officer, agent, or employee, may not knowingly deliver goods described in a negotiable warehouse receipt and stored with him unless the ...
  • Texas Business & Commerce Code Section 35.33 - Failing To Disclose Ownership Of Goods
    (a) A person who obtains a negotiable warehouse receipt describing goods he does not own, or goods subject to a lien, may not with intent ...
  • Texas Business & Commerce Code Section 35.39 - Damages On Protested, Out-Of-State Draft
    The holder of a protested draft is entitled to damages equalling 10 percent of the amount of the draft, plus interest and costs of suit, ...
  • Texas Business & Commerce Code Section 35.395 - Delivery Of Check Form
    (a) In this section: (1) "Addressee" means a person to whom a check form is sent. (2) "Check form" means a device for the transmission ...
  • Texas Business & Commerce Code Section 35.40 - Identification Of Patent Right Note Or Lien
    (a) A note or lien evidencing or securing the purchase price for a patent right or patent right territory must contain on its face a ...
  • Texas Business & Commerce Code Section 35.41 - Destruction Of Die, Mold, Or Form
    (a) In this Act: (1) "Owner" means an individual, firm, or corporation that holds title to a die, mold, or form. (2) "Molder" means an ...
  • Texas Business & Commerce Code Section 35.42 - Reduction Of Value Or Expiration Of Stored Value Card
    (a) In this section: (1) "Record" has the meaning assigned by Section 43.002, and includes a record that contains a microprocessor chip, magnetic strip, or ...
  • Texas Business & Commerce Code Section 35.44 - Store Lease Contracts
    (a) A provision of a lease contract that requires a store to be open when another store located in the same shopping center is open ...
  • Texas Business & Commerce Code Section 35.45 - Delivery Of Unsolicited Goods
    (a) Unless otherwise agreed, if unsolicited goods are delivered to a person, the person: (1) is entitled to refuse to accept delivery of the goods; ...
  • Texas Business & Commerce Code Section 35.455 - Disclosures Required For Certain Consumer Contracts Solicited By Mail
    (a) Unless the context requires a different definition, the definitions of Chapter 3 apply to this section. (b) This section applies only to a person ...
  • Texas Business & Commerce Code Section 35.46 - Attaching Motor Vehicle Dealer's Name To Vehicle
    (a) In this section: (1) "Motor vehicle" has the meaning assigned by Section 541.201, Transportation Code. (2) "Center high-mounted stop lamp" means a device that ...
  • Texas Business & Commerce Code Section 35.47 - Certain Electronic Communications Made For Purpose Of Sales
    (a) A person may not make a telephone call or use an automatic dial announcing device to make a telephone call for the purpose of ...
  • Texas Business & Commerce Code Section 35.48 - Retention And Disposal Of Business Records
    (a) In this section: (1) "Business record" means letters, words, sounds, or numbers, or the equivalent of letters, words, sounds, or numbers, recorded in the ...
  • Texas Business & Commerce Code Section 35.49 - Other Remedies
    (a) A person who sells, distributes, or manufactures cigarettes and who sustains direct economic or commercial injury as a result of a violation of Section ...
  • Texas Business & Commerce Code Section 35.50 - Biometric Identifier
    (a) In this section, "biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry. (b) A person may ...
  • Texas Business & Commerce Code Section 35.51 - Rights Of Parties To Choose Law Applicable To Certain Transactions
    (a) In this section: (1) "Transaction" includes more than one substantially similar or related transaction entered into contemporaneously and having at least one common party. ...
  • Texas Business & Commerce Code Section 35.52 - Law Applicable To Construction Contracts
    (a) If a contract is principally for the construction or repair of improvements to real property located in this state and the contract contains a ...
  • Texas Business & Commerce Code Section 35.53 - Notice Of Law; Dispute Resolution Forum Applicable To Contract
    (a) This section applies to a contract only if: (1) the contract is for the sale, lease, exchange, or other disposition for value of goods ...
  • Texas Business & Commerce Code Section 35.531 - Law Applicable To Contract Made Over Internet
    (a) In this section, "Internet" means the largest nonproprietary nonprofit cooperative public computer network, popularly known as the Internet. (b) Subject to Subsection (e), this ...
  • Texas Business & Commerce Code Section 35.54 - Use Of Crime Victim Or Motor Vehicle Accident Information For Certain Purposes Prohibited
    (a) In this section: (1) "Crime victim information" means information that is collected or prepared by a law enforcement agency that identifies or serves to ...
  • Texas Business & Commerce Code Section 35.55 - Sale Of Items At Flea Market
    (a) In this section, "flea market" means a location at which booths or similar spaces are rented or otherwise made available temporarily to two or ...
  • Texas Business & Commerce Code Section 35.56 - Offense: Improperly Induced Appraisal For Mortgage Loan
    (a) In this section: (1) "Lender" means a person who lends money for or invests money in mortgage loans. (2) "Mortgage loan" means a loan ...
  • Texas Business & Commerce Code Section 35.57 - Shipping Articles Without Inspection
    (a) A person commits an offense if the person: (1) exports from this state, or ships for the purpose of exportation to a state other ...
  • Texas Business & Commerce Code Section 35.58 - Confidentiality Of Social Security Number
    Text of section as added by Acts 2003, 78th Leg., ch. 341, § 1 (a) A person may not print an individual's social security ...
  • Texas Business & Commerce Code Section 35.58 - Confidentiality Of Social Security Number
    Text of section as added by Acts 2003, 78th Leg., ch. 1326, § 6 (a) A person, other than government or a governmental subdivision ...
  • Texas Business & Commerce Code Section 35.58 - Identity Theft By Electronic Device
    Text of section as added by Acts 2003, 78th Leg., ch. 649, § 1. (a) In this section: (1) "Payment card" means a credit ...
  • Texas Business & Commerce Code Section 35.581 - Privacy Policy Necessary To Require Disclosure Of Social Security Number
    Text of section as added by Acts 2005, 79th Leg., ch. 198, § 1 (a) A person may not require an individual to disclose the ...
  • Texas Business & Commerce Code Section 35.581 - Merchant Or Third Party Use Of Consumer Driver's License Or Social Security Numbers; Restrictions; Actions; Civil Penalty
    Text of section as added by Acts 2005, 79th Leg., ch. 946, § 1 (a) A merchant or a third party under contract with a ...
  • Texas Business & Commerce Code Section 35.585 - Extension Of Credit To Victim Of Identity Theft
    (a) In this section, "victim of identity theft" means an individual who has filed a criminal complaint alleging the commission of an offense under Section ...
  • Texas Business & Commerce Code Section 35.59 - Verification Of Consumer Identity
    (a) In this section: (1) "Consumer report" has the meaning assigned by Section 20.01. (2) "Extension of credit" does not include an increase in the ...
  • Texas Business & Commerce Code Section 35.591 - Notation Of Forged Check
    (a) In this section, "victim of identify theft" means a person who has filed with an appropriate law enforcement agency a criminal complaint alleging commission ...
  • Texas Business & Commerce Code Section 35.60 - Warning Sign About Identity Theft For Restaurant Or Bar Employees
    (a) In this section: (1) "Credit card" means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer ...
  • Texas Business & Commerce Code Section 35.61 - Business Receipt Containing Credit Card Or Debit Card Information
    (a) This section does not apply to a transaction in which the sole means of recording a person's credit card or debit card account number ...
  • Texas Business & Commerce Code Section 35.62 - Deletion Of Certain Electronic Records Concerning A Customer Who Issues A Check
    (a) This section applies only to a business that accepts checks from customers in the ordinary course of business. (b) A business shall delete any ...
  • Texas Business & Commerce Code Section 35.71 - Definitions
    In this subchapter: (1) "Advertisement" means a commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement. (2) "Cash price" ...
  • Texas Business & Commerce Code Section 35.72 - Form
    (a) A rental-purchase agreement must be written in plain English and in any other language used by the merchant in an advertisement related to the ...
  • Texas Business & Commerce Code Section 35.721 - Loss Damage Waiver
    (a) In addition to other charges permitted by this subchapter, a consumer may contract for a loss damage waiver. A loss damage waiver is not ...
  • Texas Business & Commerce Code Section 35.722 - Enforcement; Investigation; Hearing
    (a) In this section: (1) "Commission" means the Texas Commission of Licensing and Regulation. (2) "Department" means the Texas Department of Licensing and Regulation. (b) ...
  • Texas Business & Commerce Code Section 35.73 - Advertisement
    An advertisement for a rental-purchase agreement that refers to or states the amount of a payment or the right to acquire ownership of any one ...
  • Texas Business & Commerce Code Section 35.74 - Enforcement
    (a) A consumer damaged by a violation of this subchapter by a merchant is entitled to recover from the merchant: (1) actual damages; (2) 25 ...
  • Texas Business & Commerce Code Section 35.81 - Definitions
    In this subchapter: (1) "Commission" means compensation paid a sales representative by a principal in an amount based on a percentage of the dollar amount ...
  • Texas Business & Commerce Code Section 35.82 - Contract
    A contract between a principal and a sales representative under which the sales representative is to solicit wholesale orders within this state must be in ...
  • Texas Business & Commerce Code Section 35.83 - Payment In Absence Of Contract
    If a compensation agreement between a sales representative and a principal that does not comply with Section 35.82 is terminated, the principal shall pay all ...
  • Texas Business & Commerce Code Section 35.84 - Damages
    A principal who fails to comply with a provision of a contract under Section 35.82 relating to payment of a commission or fails to pay ...
  • Texas Business & Commerce Code Section 35.85 - Jurisdiction
    A principal who is not a resident of this state and who enters into a contract subject to this subchapter is considered to be doing ...
  • Texas Business & Commerce Code Section 35.86 - Waiver
    A provision of this subchapter may not be waived, whether by express waiver or by attempt to make a contract or agreement subject to the ...
  • Texas Business & Commerce Code Section 35.91 - Definitions
    In this subchapter: (1) "Fixed" means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so ...
  • Texas Business & Commerce Code Section 35.92 - Unauthorized Duplication
    (a) A person commits an offense if the person: (1) knowingly reproduces for sale or causes to be transferred any recording with intent to sell ...
  • Texas Business & Commerce Code Section 35.93 - Unauthorized Recording Of Live Performance
    (a) A person commits an offense if the person: (1) for commercial advantage or private financial gain advertises, offers for sale, sells, rents, transports, causes ...
  • Texas Business & Commerce Code Section 35.935 - Unauthorized Operation Of Recording Device In Motion Picture Theater
    (a) In this section: (1) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of ...
  • Texas Business & Commerce Code Section 35.94 - Labeling
    (a) A person commits an offense if, for commercial advantage or private financial gain, the person knowingly advertises, offers for sale, sells, rents, or transports, ...
  • Texas Business & Commerce Code Section 35.95 - Forfeiture
    If a person is convicted of a violation of this subchapter, the court in its judgment of conviction shall order the forfeiture and destruction or ...
  • Texas Business & Commerce Code Section 35.96 - Remedies Cumulative
    The penalties provided by this subchapter are in addition to any other penalties provided under any other law. Added by Acts 1989, 71st Leg., ch. ...
  • Texas Business & Commerce Code Section 35.101 - Definitions
    In this subchapter: (1) "Freeware" means software that is distributed to a person free of charge regardless of whether use of the software is subject ...
  • Texas Business & Commerce Code Section 35.102 - Software Or Services That Restrict Access To Certain Material On Internet
    (a) A person who provides an interactive computer service to another person for a fee shall provide free of charge to each subscriber of the ...
  • Texas Business & Commerce Code Section 35.103 - Civil Penalty
    (a) A person is liable to the state for a civil penalty of $2,000 for each day on which the person provides an interactive computer ...
  • Texas Business & Commerce Code Section 35.111 - Definition
    In this subchapter, "wireless communication facility" means an equipment enclosure, antenna, antenna support structure, and any associated facility used for the reception or transmittal of ...
  • Texas Business & Commerce Code Section 35.112 - Notice Of Construction
    (a) A person proposing to construct a wireless communication facility that is taller than 100 feet shall, on or before the 30th day before the ...
  • Texas Business & Commerce Code Section 35.113 - Exceptions
    This subchapter does not apply to any structure whose main purpose is to provide electric service, a wireless communication facility used by an entity only ...
  • Texas Business & Commerce Code Section 35.114 - Effect On Certain Ordinances
    This subchapter does not preempt a local ordinance regulating a wireless communication facility. Added by Acts 2003, 78th Leg., ch. 1222, § 2, eff. June ...
  • Texas Business & Commerce Code Section 35.121 - Definitions
    In this subchapter: (1) "Basic rights information" means information applicable to a noncitizen, including information about human rights, immigration, and emergency assistance and resources. (2) ...
  • Texas Business & Commerce Code Section 35.122 - Notice Of Availability Of Criminal History, Marital History, And Basic Rights Information
    (a) An international matchmaking organization shall provide each recruit with the criminal history record information and marital history information of its clients and with basic ...
  • Texas Business & Commerce Code Section 35.123 - Providing Criminal History, Marital History, And Basic Rights Information
    (a) An international matchmaking organization shall disseminate to a recruit the criminal history record information and marital history information of a client and the basic ...
  • Texas Business & Commerce Code Section 35.124 - Obtaining Criminal History Record Information And Marital History Information
    (a) The client shall: (1) obtain a copy of the person's own criminal history record information; (2) provide the criminal history record information to the ...
  • Texas Business & Commerce Code Section 35.125 - Civil Penalty
    (a) An international matchmaking organization that violates this subchapter is subject to a civil penalty not to exceed $20,000 for each violation. (b) In determining ...
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    Last modified: August 10, 2007