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Texas Business & Commerce Code - Chapter 35 MiscellaneousLegal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Chapter 35 Miscellaneous (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 ... 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 ... (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 ... 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 ... (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 ... (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 ... 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 ... (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, ... 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 ... The following act and all other acts and parts of acts inconsistent herewith are hereby repealed: Article 6645, Revised Civil Statutes of Texas, 1925, as ... 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 ... (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) ... (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 ... (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 ... (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 ... (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; ... (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 ... 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 ... (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. ... (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 ... (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 ... (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 ... (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 ... (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 ... 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, ... (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 ... (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 ... (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 ... (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 ... (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 ... (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; ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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. ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... Text of section as added by Acts 2003, 78th Leg., ch. 341, § 1 (a) A person may not print an individual's social security ... Text of section as added by Acts 2003, 78th Leg., ch. 1326, § 6 (a) A person, other than government or a governmental subdivision ... Text of section as added by Acts 2003, 78th Leg., ch. 649, § 1. (a) In this section: (1) "Payment card" means a credit ... Text of section as added by Acts 2005, 79th Leg., ch. 198, § 1 (a) A person may not require an individual to disclose the ... Text of section as added by Acts 2005, 79th Leg., ch. 946, § 1 (a) A merchant or a third party under contract with a ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... 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" ... (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 ... (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 ... (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) ... 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 ... (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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... (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 ... (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 ... (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 ... (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, ... 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 ... 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. ... 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 ... (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 ... (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 ... 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 ... (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 ... 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 ... This subchapter does not preempt a local ordinance regulating a wireless communication facility. Added by Acts 2003, 78th Leg., ch. 1222, § 2, eff. June ... 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) ... (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 ... (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 ... (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 ... (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 ... Texas Lawyers
Last modified: August 10, 2007 |