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• Texas Business & Commerce Code Section 1.101 - Short Titles
  (a) This title may be cited as the Uniform Commercial Code. (b) This chapter may be cited as Uniform Commercial Code--General Provisions. Amended by Acts ...
• Texas Business & Commerce Code Section 1.102 - Scope Of Chapter
  This chapter applies to a transaction to the extent that it is governed by another chapter of this title. Amended by Acts 2003, 78th Leg., ...
• Texas Business & Commerce Code Section 1.103 - Construction Of Title To Promote Its Purposes And Policies; Applicability Of Supplemental Principles Of Law
  (a) This title must be liberally construed and applied to promote its underlying purposes and policies, which are: (1) to simplify, clarify and modernize the ...
• Texas Business & Commerce Code Section 1.104 - Construction Against Implied Repeal
  This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly ...
• Texas Business & Commerce Code Section 1.105 - Severability
  If any provision or clause of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other ...
• Texas Business & Commerce Code Section 1.106 - Use Of Singular And Plural; Gender
  In this title, unless the statutory context otherwise requires: (1) words in the singular number include the plural, and those in the plural include the ...
• Texas Business & Commerce Code Section 1.107 - Section Captions
  Section captions are parts of this title. Amended by Acts 2003, 78th Leg., ch. 542, § 1, eff. Sept. 1, 2003. ...
• Texas Business & Commerce Code Section 1.108 - Relation To Electronic Signatures In Global And National Commerce Act
  This title modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not ...
• Texas Business & Commerce Code Section 1.201 - General Definitions
  (a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other chapters of this title ...
• Texas Business & Commerce Code Section 1.202 - Notice; Knowledge
  (a) Subject to Subsection (f), a person has "notice" of a fact if the person: (1) has actual knowledge of it; (2) has received a ...
• Texas Business & Commerce Code Section 1.203 - Lease Distinguished From Security Interest
  (a) Whether a transaction in the form of a lease creates a lease or security interest is determined by the facts of each case. (b) ...
• Texas Business & Commerce Code Section 1.204 - Value
  Except as otherwise provided in Chapters 3, 4, and 5, a person gives value for rights if the person acquires them: (1) in return for ...
• Texas Business & Commerce Code Section 1.205 - Reasonable Time; Seasonableness
  (a) Whether a time for taking an action required by this title is reasonable depends on the nature, purpose, and circumstances of the action. (b) ...
• Texas Business & Commerce Code Section 1.206 - Presumptions
  Whenever this title creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the ...
• Texas Business & Commerce Code Section 1.301 - Territorial Application Of The Title; Parties' Power To Choose Applicable Law
  (a) Except as provided hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation ...
• Texas Business & Commerce Code Section 1.302 - Variation By Agreement
  (a) Except as otherwise provided in Subsection (b) or elsewhere in this title, the effect of provisions of this title may be varied by agreement. ...
• Texas Business & Commerce Code Section 1.303 - Course Of Performance, Course Of Dealing, And Usage Of Trade
  (a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if: (1) the agreement of the ...
• Texas Business & Commerce Code Section 1.304 - Obligation Of Good Faith
  Every contract or duty within this title imposes an obligation of good faith in its performance and enforcement. Added by Acts 2003, 78th Leg., ch. ...
• Texas Business & Commerce Code Section 1.305 - Remedies To Be Liberally Administered
  (a) The remedies provided by this title must be liberally administered to the end that the aggrieved party may be put in as good a ...
• Texas Business & Commerce Code Section 1.306 - Waiver Of Renunciation Of Claim Or Right After Breach
  A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved ...
• Texas Business & Commerce Code Section 1.307 - Prima Facie Evidence By Third-Party Documents
  A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or ...
• Texas Business & Commerce Code Section 1.308 - Performance Or Acceptance Under Reservation Of Rights
  (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the ...
• Texas Business & Commerce Code Section 1.309 - Option To Accelerate At Will
  A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" ...
• Texas Business & Commerce Code Section 1.310 - Subordinated Obligations
  An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance ...
• Texas Business & Commerce Code Section 2.101 - Short Title
  This chapter may be cited as Uniform Commercial Code--Sales. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967. ...
• Texas Business & Commerce Code Section 2.102 - Scope; Certain Security And Other Transactions Excluded From This Chapter
  Unless the context otherwise requires, this chapter applies to transactions in goods; it does not apply to any transaction which although in the form of ...
• Texas Business & Commerce Code Section 2.103 - Definitions And Index Of Definitions
  (a) In this chapter unless the context otherwise requires (1) "Buyer" means a person who buys or contracts to buy goods. (2) Reserved. (3) "Receipt" ...
• Texas Business & Commerce Code Section 2.104 - Definitions: "Merchant"; "Between Merchants"; "Financing Agency"
  (a) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill ...
• Texas Business & Commerce Code Section 2.105 - Definitions: Transferability; "Goods"; "Future" Goods; "Lot"; "Commercial Unit"
  (a) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the ...
• Texas Business & Commerce Code Section 2.106 - Definitions: "Contract"; "Agreement"; "Contract For Sale"; "Sale"; "Present Sale"; "Conforming" To Contract; "Termination"; "Cancellation"
  (a) In this chapter unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods. ...
• Texas Business & Commerce Code Section 2.107 - Goods To Be Severed From Realty: Recording
  (a) A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from ...
• Texas Business & Commerce Code Section 2.201 - Formal Requirements; Statute Of Frauds
  (a) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable ...
• Texas Business & Commerce Code Section 2.202 - Final Written Expression: Parol Or Extrinsic Evidence
  Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties ...
• Texas Business & Commerce Code Section 2.203 - Seals Inoperative
  The affixing of a seal to a writing evidencing a contract for sale or an offer to buy or sell goods does not constitute the ...
• Texas Business & Commerce Code Section 2.204 - Formation In General
  (a) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the ...
• Texas Business & Commerce Code Section 2.205 - Firm Offers
  An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held ...
• Texas Business & Commerce Code Section 2.206 - Offer And Acceptance In Formation Of Contract
  (a) Unless otherwise unambiguously indicated by the language or circumstances (1) an offer to make a contract shall be construed as inviting acceptance in any ...
• Texas Business & Commerce Code Section 2.207 - Additional Terms In Acceptance Or Confirmation
  (a) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though ...
• Texas Business & Commerce Code Section 2.209 - Modification, Rescission And Waiver
  (a) An agreement modifying a contract within this chapter needs no consideration to be binding. (b) A signed agreement which excludes modification or rescission except ...
• Texas Business & Commerce Code Section 2.210 - Delegation Of Performance; Assignment Of Rights
  (a) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his ...
• Texas Business & Commerce Code Section 2.301 - General Obligations Of Parties
  The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract. ...
• Texas Business & Commerce Code Section 2.302 - Unconscionable Contract Or Clause
  (a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time ...
• Texas Business & Commerce Code Section 2.303 - Allocation Or Division Of Risks
  Where this chapter allocates a risk or a burden as between the parties "unless otherwise agreed", the agreement may not only shift the allocation but ...
• Texas Business & Commerce Code Section 2.304 - Price Payable In Money, Goods, Realty, Or Otherwise
  (a) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party is ...
• Texas Business & Commerce Code Section 2.305 - Open Price Term
  (a) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the ...
• Texas Business & Commerce Code Section 2.306 - Output, Requirements And Exclusive Dealings
  (a) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements ...
• Texas Business & Commerce Code Section 2.307 - Delivery In Single Lot Or Several Lots
  Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only on ...
• Texas Business & Commerce Code Section 2.308 - Absence Of Specified Place For Delivery
  Unless otherwise agreed (1) the place for delivery of goods is the seller's place of business or if he has none his residence; but (2) ...
• Texas Business & Commerce Code Section 2.309 - Absence Of Specific Time Provisions; Notice Of Termination
  (a) The time for shipment or delivery or any other action under a contract if not provided in this chapter or agreed upon shall be ...
• Texas Business & Commerce Code Section 2.310 - Open Time For Payment Or Running Of Credit; Authority To Ship Under Reservation
  Unless otherwise agreed (1) payment is due at the time and place at which the buyer is to receive the goods even though the place ...
• Texas Business & Commerce Code Section 2.311 - Options And Cooperation Respecting Performance
  (a) An agreement for sale which is otherwise sufficiently definite (Subsection (c) of Section 2.204) to be a contract is not made invalid by the ...
• Texas Business & Commerce Code Section 2.312 - Warranty Of Title And Against Infringement; Buyer's Obligation Against Infringement
  (a) Subject to Subsection (b) there is in a contract for sale a warranty by the seller that (1) the title conveyed shall be good, ...
• Texas Business & Commerce Code Section 2.313 - Express Warranties By Affirmation, Promise, Description, Sample
  (a) Express warranties by the seller are created as follows: (1) Any affirmation of fact or promise made by the seller to the buyer which ...
• Texas Business & Commerce Code Section 2.314 - Implied Warranty: Merchantability; Usage Of Trade
  (a) Unless excluded or modified (Section 2.316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the ...
• Texas Business & Commerce Code Section 2.315 - Implied Warranty: Fitness For Particular Purpose
  Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer ...
• Texas Business & Commerce Code Section 2.316 - Exclusion Or Modification Of Warranties
  (a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed ...
• Texas Business & Commerce Code Section 2.317 - Cumulation And Conflict Of Warranties Express Or Implied
  Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of ...
• Texas Business & Commerce Code Section 2.318 - Chapter Neutral On Question Of Third Party Beneficiaries Of Warranties Of Quality And On Need For Privity Of Contract
  This chapter does not provide whether anyone other than a buyer may take advantage of an express or implied warranty of quality made to the ...
• Texas Business & Commerce Code Section 2.319 - F.O.B. And F.A.S. Terms
  (a) Unless otherwise agreed the term F.O.B. (which means "free on board") at a named place, even though used only in connection with the stated ...
• Texas Business & Commerce Code Section 2.320 - C.I.F. And C. & F. Terms
  (a) The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight to the ...
• Texas Business & Commerce Code Section 2.321 - C.I.F. Or C. & F.: "Net Landed Weights"; "Payment On Arrival"; Warranty Of Condition On Arrival
  Under a contract containing a term C.I.F. or C. & F. (a) Where the price is based on or is to be adjusted according to ...
• Texas Business & Commerce Code Section 2.322 - Delivery "Ex-Ship"
  (a) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted to ...
• Texas Business & Commerce Code Section 2.323 - Form Of Bill Of Lading Required In Overseas Shipment; "Overseas"
  (a) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller unless otherwise agreed must ...
• Texas Business & Commerce Code Section 2.324 - "No Arrival, No Sale" Term
  Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed, (1) the seller must properly ship conforming goods and if ...
• Texas Business & Commerce Code Section 2.325 - "Letter Of Credit" Term; "Confirmed Credit"
  (a) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale. (b) The delivery to ...
• Texas Business & Commerce Code Section 2.326 - Sale On Approval And Sale Or Return; Rights Of Creditors
  (a) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is (1) a ...
• Texas Business & Commerce Code Section 2.327 - Special Incidents Of Sale On Approval And Sale Or Return
  (a) Under a sale on approval unless otherwise agreed (1) although the goods are identified to the contract the risk of loss and the title ...
• Texas Business & Commerce Code Section 2.328 - Sale By Auction
  (a) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (b) A sale ...
• Texas Business & Commerce Code Section 2.401 - Passing Of Title; Reservation For Security; Limited Application Of This Section
  Each provision of this chapter with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective ...
• Texas Business & Commerce Code Section 2.402 - Rights Of Seller's Creditors Against Sold Goods
  (a) Except as provided in Subsections (b) and (c), rights of unsecured creditors of the seller with respect to goods which have been identified to ...
• Texas Business & Commerce Code Section 2.403 - Power To Transfer; Good Faith Purchase Of Goods; "Entrusting"
  (a) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest ...
• Texas Business & Commerce Code Section 2.501 - Insurable Interest In Goods; Manner Of Identification Of Goods
  (a) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers ...
• Texas Business & Commerce Code Section 2.502 - Buyer's Right To Goods On Seller's Repudiation, Failure To Deliver, Or Insolvency
  (a) Subject to Subsections (b) and (c) and even though the goods have not been shipped a buyer who has paid a part or all ...
• Texas Business & Commerce Code Section 2.503 - Manner Of Seller's Tender Of Delivery
  (a) Tender of delivery requires that the seller put and hold conforming goods at the buyer's disposition and give the buyer any notification reasonably necessary ...
• Texas Business & Commerce Code Section 2.504 - Shipment By Seller
  Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at ...
• Texas Business & Commerce Code Section 2.505 - Seller's Shipment Under Reservation
  (a) Where the seller has identified goods to the contract by or before shipment: (1) his procurement of a negotiable bill of lading to his ...
• Texas Business & Commerce Code Section 2.506 - Rights Of Financing Agency
  (a) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the ...
• Texas Business & Commerce Code Section 2.507 - Effect Of Seller's Tender; Delivery On Condition
  (a) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay for ...
• Texas Business & Commerce Code Section 2.508 - Cure By Seller Of Improper Tender Or Delivery; Replacement
  (a) Where any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller may ...
• Texas Business & Commerce Code Section 2.509 - Risk Of Loss In The Absence Of Breach
  (a) Where the contract requires or authorizes the seller to ship the goods by carrier (1) if it does not require him to deliver them ...
• Texas Business & Commerce Code Section 2.510 - Effect Of Breach On Risk Of Loss
  (a) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of ...
• Texas Business & Commerce Code Section 2.511 - Tender Of Payment By Buyer; Payment By Check
  (a) Unless otherwise agreed tender of payment is a condition to the seller's duty to tender and complete any delivery. (b) Tender of payment is ...
• Texas Business & Commerce Code Section 2.512 - Payment By Buyer Before Inspection
  (a) Where the contract requires payment before inspection non-conformity of the goods does not excuse the buyer from so making payment unless (1) the non-conformity ...
• Texas Business & Commerce Code Section 2.513 - Buyer's Right To Inspection Of Goods
  (a) Unless otherwise agreed and subject to Subsection (c), where goods are tendered or delivered or identified to the contract for sale, the buyer has ...
• Texas Business & Commerce Code Section 2.514 - When Documents Deliverable On Acceptance; When On Payment
  Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is ...
• Texas Business & Commerce Code Section 2.515 - Preserving Evidence Of Goods In Dispute
  In furtherance of the adjustment of any claim or dispute (1) either party on reasonable notification to the other and for the purpose of ascertaining ...
• Texas Business & Commerce Code Section 2.601 - Buyer's Rights On Improper Delivery
  Subject to the provisions of this chapter on breach in installment contracts (Section 2.612) and unless otherwise agreed under the sections on contractual limitations of ...
• Texas Business & Commerce Code Section 2.602 - Manner And Effect Of Rightful Rejection
  (a) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller. ...
• Texas Business & Commerce Code Section 2.603 - Merchant Buyer's Duties As To Rightfully Rejected Goods
  (a) Subject to any security interest in the buyer (Subsection (c) of Section 2.711), when the seller has no agent or place of business at ...
• Texas Business & Commerce Code Section 2.604 - Buyer's Options As To Salvage Of Rightfully Rejected Goods
  Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection ...
• Texas Business & Commerce Code Section 2.605 - Waiver Of Buyer's Objections By Failure To Particularize
  (a) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the ...
• Texas Business & Commerce Code Section 2.606 - What Constitutes Acceptance Of Goods
  (a) Acceptance of goods occurs when the buyer (1) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are ...
• Texas Business & Commerce Code Section 2.607 - Effect Of Acceptance; Notice Of Breach; Burden Of Establishing Breach After Acceptance; Notice Of Claim Or Litigation To Person Answerable Over
  (a) The buyer must pay at the contract rate for any goods accepted. (b) Acceptance of goods by the buyer precludes rejection of the goods ...
• Texas Business & Commerce Code Section 2.608 - Revocation Of Acceptance In Whole Or In Part
  (a) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted ...
• Texas Business & Commerce Code Section 2.609 - Right To Adequate Assurance Of Performance
  (a) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable ...
• Texas Business & Commerce Code Section 2.610 - Anticipatory Repudiation
  When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the ...
• Texas Business & Commerce Code Section 2.611 - Retraction Of Anticipatory Repudiation
  (a) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially ...
• Texas Business & Commerce Code Section 2.612 - "Installment Contract"; Breach
  (a) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract ...
• Texas Business & Commerce Code Section 2.613 - Casualty To Identified Goods
  Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before ...
• Texas Business & Commerce Code Section 2.614 - Substituted Performance
  (a) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the ...
• Texas Business & Commerce Code Section 2.615 - Excuse By Failure Of Presupposed Conditions
  Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance: (1) Delay in delivery ...
• Texas Business & Commerce Code Section 2.616 - Procedure On Notice Claiming Excuse
  (a) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification ...
• Texas Business & Commerce Code Section 2.701 - Remedies For Breach Of Collateral Contracts Not Impaired
  Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this chapter. ...
• Texas Business & Commerce Code Section 2.702 - Seller's Remedies On Discovery Of Buyer's Insolvency
  (a) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under ...
• Texas Business & Commerce Code Section 2.703 - Seller's Remedies In General
  Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect ...
• Texas Business & Commerce Code Section 2.704 - Seller's Right To Identify Goods To The Contract Notwithstanding Breach Or To Salvage Unfinished Goods
  (a) An aggrieved seller under the preceding section may (1) identify to the contract conforming goods not already identified if at the time he learned ...
• Texas Business & Commerce Code Section 2.705 - Seller's Stoppage Of Delivery In Transit Or Otherwise
  (a) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent ...
• Texas Business & Commerce Code Section 2.706 - Seller's Resale Including Contract For Resale
  (a) Under the conditions stated in Section 2.703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the ...
• Texas Business & Commerce Code Section 2.707 - "Person In The Position Of A Seller"
  (a) A "person in the position of a seller" includes as against a principal an agent who has paid or become responsible for the price ...
• Texas Business & Commerce Code Section 2.708 - Seller's Damages For Non-Acceptance Or Repudiation
  (a) Subject to Subsection (b) and to the provisions of this chapter with respect to proof of market price (Section 2.723), the measure of damages ...
• Texas Business & Commerce Code Section 2.709 - Action For The Price
  (a) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next ...
• Texas Business & Commerce Code Section 2.710 - Seller's Incidental Damages
  Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of ...
• Texas Business & Commerce Code Section 2.711 - Buyer's Remedies In General; Buyer's Security Interest In Rejected Goods
  (a) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods ...
• Texas Business & Commerce Code Section 2.712 - "Cover"; Buyer's Procurement Of Substitute Goods
  (a) After a breach within the preceding section the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of ...
• Texas Business & Commerce Code Section 2.713 - Buyer's Damages For Non-Delivery Or Repudiation
  (a) Subject to the provisions of this chapter with respect to proof of market price (Section 2.723), the measure of damages for non-delivery or repudiation ...
• Texas Business & Commerce Code Section 2.714 - Buyer's Damages For Breach In Regard To Accepted Goods
  (a) Where the buyer has accepted goods and given notification (Subsection (c) of Section 2.607) he may recover as damages for any non-conformity of tender ...
• Texas Business & Commerce Code Section 2.715 - Buyer's Incidental And Consequential Damages
  (a) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any ...
• Texas Business & Commerce Code Section 2.716 - Buyer's Right To Specific Performance Or Replevin
  (a) Specific performance may be decreed where the goods are unique or in other proper circumstances. (b) The decree for specific performance may include such ...
• Texas Business & Commerce Code Section 2.717 - Deduction Of Damages From The Price
  The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach ...
• Texas Business & Commerce Code Section 2.718 - Liquidation Or Limitation Of Damages; Deposits
  (a) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of ...
• Texas Business & Commerce Code Section 2.719 - Contractual Modification Or Limitation Of Remedy
  (a) Subject to the provisions of Subsections (b) and (c) of this section and of the preceding section on liquidation and limitation of damages, (1) ...
• Texas Business & Commerce Code Section 2.720 - Effect Of "Cancellation" Or "Rescission" On Claims For Antecedent Breach
  Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or ...
• Texas Business & Commerce Code Section 2.721 - Remedies For Fraud
  Remedies for material misrepresentation or fraud include all remedies available under this chapter for non-fraudulent breach. Neither rescission or a claim for rescission of the ...
• Texas Business & Commerce Code Section 2.722 - Who Can Sue Third Parties For Injury To Goods
  Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party ...
• Texas Business & Commerce Code Section 2.723 - Proof Of Market Price: Time And Place
  (a) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, ...
• Texas Business & Commerce Code Section 2.724 - Admissibility Of Market Quotations
  Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications ...
• Texas Business & Commerce Code Section 2.725 - Statute Of Limitations In Contracts For Sale
  (a) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the ...
• Texas Business & Commerce Code Section 3.101 - Short Title
  This chapter may be cited as Uniform Commercial Code-Negotiable Instruments. Amended by Acts 1995, 74th Leg., ch. 921, § 1, eff. Jan. 1, 1996. ...
• Texas Business & Commerce Code Section 3.102 - Subject Matter
  (a) This chapter applies to negotiable instruments. It does not apply to money, to payment orders governed by Chapter 4A, or to securities governed by ...
• Texas Business & Commerce Code Section 3.103 - Definitions
  (a) In this chapter: (1) "Acceptor" means a drawee who has accepted a draft. (2) "Consumer account" means an account established by an individual primarily ...
• Texas Business & Commerce Code Section 3.104 - Negotiable Instrument
  (a) Except as provided in Subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with ...
• Texas Business & Commerce Code Section 3.105 - Issue Of Instrument
  (a) "Issue" means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving ...
• Texas Business & Commerce Code Section 3.106 - Unconditional Promise Or Order
  (a) Except as provided in this section, for the purposes of Section 3.104(a), a promise or order is unconditional unless it states (i) an express ...
• Texas Business & Commerce Code Section 3.107 - Instrument Payable In Foreign Money
  Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an ...
• Texas Business & Commerce Code Section 3.108 - Payable On Demand Or At Definite Time
  (a) A promise or order is "payable on demand" if it: (1) states that it is payable on demand or at sight, or otherwise indicates ...
• Texas Business & Commerce Code Section 3.109 - Payable To Bearer Or To Order
  (a) A promise or order is payable to bearer if it: (1) states that it is payable to bearer or to the order of bearer ...
• Texas Business & Commerce Code Section 3.110 - Identification Of Person To Whom Instrument Is Payable
  (a) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or ...
• Texas Business & Commerce Code Section 3.111 - Place Of Payment
  Except as otherwise provided for items in Chapter 4, an instrument is payable at the place of payment stated in the instrument. If no place ...
• Texas Business & Commerce Code Section 3.112 - Interest
  (a) Unless otherwise provided in the instrument: (1) an instrument is not payable with interest; and (2) interest on an interest-bearing instrument is payable from ...
• Texas Business & Commerce Code Section 3.113 - Date Of Instrument
  (a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period ...
• Texas Business & Commerce Code Section 3.114 - Contradictory Terms Of Instrument
  If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers. Amended by Acts ...
• Texas Business & Commerce Code Section 3.115 - Incomplete Instrument
  (a) "Incomplete instrument" means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that ...
• Texas Business & Commerce Code Section 3.116 - Joint And Several Liability; Contribution
  (a) Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers ...
• Texas Business & Commerce Code Section 3.117 - Other Agreements Affecting Instrument
  Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument ...
• Texas Business & Commerce Code Section 3.118 - Statute Of Limitations
  (a) Except as provided in Subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time ...
• Texas Business & Commerce Code Section 3.119 - Notice Of Right To Defend Action
  In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or Chapter 4, the defendant ...
• Texas Business & Commerce Code Section 3.201 - Negotiation
  (a) "Negotiation" means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who ...
• Texas Business & Commerce Code Section 3.202 - Negotiation Subject To Rescission
  (a) Negotiation is effective even if obtained: (1) from an infant, a corporation exceeding its powers, or a person without capacity; (2) by fraud, duress, ...
• Texas Business & Commerce Code Section 3.203 - Transfer Of Instrument; Rights Acquired By Transfer
  (a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving ...
• Texas Business & Commerce Code Section 3.204 - Indorsement
  (a) "Indorsement" means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made ...
• Texas Business & Commerce Code Section 3.205 - Special Indorsement; Blank Indorsement; Anomalous Indorsement
  (a) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement ...
• Texas Business & Commerce Code Section 3.206 - Restrictive Indorsement
  (a) An indorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further ...
• Texas Business & Commerce Code Section 3.207 - Reacquisition
  Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may ...
• Texas Business & Commerce Code Section 3.301 - Person Entitled To Enforce Instrument
  "Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights ...
• Texas Business & Commerce Code Section 3.302 - Holder In Due Course
  (a) Subject to Subsection (c) and Section 3.106(d), "holder in due course" means the holder of an instrument if: (1) the instrument when issued or ...
• Texas Business & Commerce Code Section 3.303 - Value And Consideration
  (a) An instrument is issued or transferred for value if: (1) the instrument is issued or transferred for a promise of performance, to the extent ...
• Texas Business & Commerce Code Section 3.304 - Overdue Instrument
  (a) An instrument payable on demand becomes overdue at the earliest of the following times: (1) on the day after the day demand for payment ...
• Texas Business & Commerce Code Section 3.305 - Defenses And Claims In Recoupment
  (a) Except as otherwise provided in this section, the right to enforce the obligation of a party to pay an instrument is subject to the ...
• Texas Business & Commerce Code Section 3.306 - Claims To An Instrument
  A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property ...
• Texas Business & Commerce Code Section 3.307 - Notice Of Breach Of Fiduciary Duty
  (a) In this section: (1) "Fiduciary" means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to ...
• Texas Business & Commerce Code Section 3.308 - Proof Of Signatures And Status As Holder In Due Course
  (a) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument are admitted unless specifically ...
• Texas Business & Commerce Code Section 3.309 - Enforcement Of Lost, Destroyed, Or Stolen Instrument
  (a) A person who is not in possession of an instrument is entitled to enforce the instrument if: (1) the person seeking to enforce the ...
• Texas Business & Commerce Code Section 3.310 - Effect Of Instrument On Obligation For Which Taken
  (a) Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same ...
• Texas Business & Commerce Code Section 3.311 - Accord And Satisfaction By Use Of Instrument
  (a) Subsections (b)-(d) apply if a person against whom a claim is asserted proves that: (1) that person in good faith tendered an instrument to ...
• Texas Business & Commerce Code Section 3.312 - Lost, Destroyed, Or Stolen Cashier's Check, Teller's Check, Or Certified Check
  (a) In this section: (1) "Check" means a cashier's check, teller's check, or certified check. (2) "Claimant" means a person who claims the right to ...
• Texas Business & Commerce Code Section 3.401 - Signature
  (a) A person is not liable on an instrument unless the person: (1) signed the instrument; or (2) is represented by an agent or representative ...
• Texas Business & Commerce Code Section 3.402 - Signature By Representative
  (a) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or ...
• Texas Business & Commerce Code Section 3.403 - Unauthorized Signature
  (a) Unless otherwise provided in this chapter or Chapter 4, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor ...
• Texas Business & Commerce Code Section 3.404 - Impostors; Fictitious Payees
  (a) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or ...
• Texas Business & Commerce Code Section 3.405 - Employer's Responsibility For Fraudulent Indorsement By Employee
  (a) In this section: (1) "Employee" includes an independent contractor and employee of an independent contractor retained by the employer. (2) "Fraudulent indorsement" means: (A) ...
• Texas Business & Commerce Code Section 3.406 - Negligence Contributing To Forged Signature Or Alteration Of Instrument
  (a) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature ...
• Texas Business & Commerce Code Section 3.407 - Alteration
  (a) "Alteration" means: (1) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party; or (2) an ...
• Texas Business & Commerce Code Section 3.408 - Drawee Not Liable On Unaccepted Draft
  A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, ...
• Texas Business & Commerce Code Section 3.409 - Acceptance Of Draft; Certified Check
  (a) "Acceptance" means the drawee's signed agreement to pay a draft as presented. It must be written on the draft and may consist of the ...
• Texas Business & Commerce Code Section 3.410 - Acceptance Varying Draft
  (a) If the terms of a drawee's acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat ...
• Texas Business & Commerce Code Section 3.411 - Refusal To Pay Cashier's Checks, Teller's Checks, And Certified Checks
  (a) In this section, "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from ...
• Texas Business & Commerce Code Section 3.412 - Obligation Of Issuer Of Note Or Cashier's Check
  The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its ...
• Texas Business & Commerce Code Section 3.413 - Obligation Of Acceptor
  (a) The acceptor of a draft is obliged to pay the draft (i) according to its terms at the time it was accepted, even though ...
• Texas Business & Commerce Code Section 3.414 - Obligation Of Drawer
  (a) This section does not apply to cashier's checks or other drafts drawn on the drawer. (b) If an unaccepted draft is dishonored, the drawer ...
• Texas Business & Commerce Code Section 3.415 - Obligation Of Indorser
  (a) Subject to Subsections (b), (c), (d), and (e) and to Section 3.419(d), if an instrument is dishonored, an indorser is obliged to pay the ...
• Texas Business & Commerce Code Section 3.416 - Transfer Warranties
  (a) A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that: ...
• Texas Business & Commerce Code Section 3.417 - Presentment Warranties
  (a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person ...
• Texas Business & Commerce Code Section 3.418 - Payment Or Acceptance By Mistake
  (a) Except as provided in Subsection (c), if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken ...
• Texas Business & Commerce Code Section 3.419 - Instruments Signed For Accommodation
  (a) If an instrument is issued for value given for the benefit of a party to the instrument ("accommodated party") and another party to the ...
• Texas Business & Commerce Code Section 3.420 - Conversion Of Instrument
  (a) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than ...
• Texas Business & Commerce Code Section 3.501 - Presentment
  (a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument to: (1) pay the instrument made to ...
• Texas Business & Commerce Code Section 3.502 - Dishonor
  (a) Dishonor of a note is governed by the following rules: (1) If the note is payable on demand, the note is dishonored if presentment ...
• Texas Business & Commerce Code Section 3.503 - Notice Of Dishonor
  (a) The obligation of an indorser stated in Section 3.415(a) and the obligation of a drawer stated in Section 3.414(d) may not be enforced unless: ...
• Texas Business & Commerce Code Section 3.504 - Excused Presentment And Notice Of Dishonor
  (a) Presentment for payment or acceptance of an instrument is excused if: (1) the person entitled to present the instrument cannot with reasonable diligence make ...
• Texas Business & Commerce Code Section 3.505 - Evidence Of Dishonor
  (a) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated: (1) a document regular in ...
• Texas Business & Commerce Code Section 3.506 - Processing Fee By Holder Of Payment Device
  (a) For purposes of this section, "payment device" means any check, item, paper or electronic payment, or other payment device used as a medium for ...
• Texas Business & Commerce Code Section 3.601 - Discharge And Effect Of Discharge
  (a) The obligation of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the ...
• Texas Business & Commerce Code Section 3.602 - Payment
  (a) Subject to Subsection (e), an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay ...
• Texas Business & Commerce Code Section 3.603 - Tender Of Payment
  (a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of ...
• Texas Business & Commerce Code Section 3.604 - Discharge By Cancellation Or Renunciation
  (a) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument: (1) by ...
• Texas Business & Commerce Code Section 3.605 - Discharge Of Secondary Obligors
  (a) If a person entitled to enforce an instrument releases the obligation of a principal obligor in whole or in part, and another party to ...
• Texas Business & Commerce Code Section 4.101 - Short Title
  This chapter may be cited as Uniform Commercial Code--Bank Deposits and Collections. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, ...
• Texas Business & Commerce Code Section 4.102 - Applicability
  (a) To the extent that items within this chapter are also within Chapters 3 and 8, they are subject to those chapters. If there is ...
• Texas Business & Commerce Code Section 4.103 - Variation By Agreement; Measure Of Damages; Action Constituting Ordinary Care
  (a) The effect of the provisions of this chapter may be varied by agreement, but the parties to the agreement cannot disclaim a bank's responsibility ...
• Texas Business & Commerce Code Section 4.104 - Definitions And Index Of Definitions
  (a) In this chapter, unless the context otherwise requires: (1) "Account" means any deposit or credit account with a bank, including a demand, time, savings, ...
• Texas Business & Commerce Code Section 4.105 - "Bank"; "Depositary Bank"; "Intermediary Bank"; "Collecting Bank"; "Payor Bank"; "Presenting Bank"
  In this chapter: (1) "Bank" means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or ...
• Texas Business & Commerce Code Section 4.106 - Payable Through Or Payable At Bank; Collecting Bank
  (a) If an item states that it is "payable through" a bank identified in the item, the item: (1) designates the bank as a collecting ...
• Texas Business & Commerce Code Section 4.107 - Separate Office Of A Bank
  A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place ...
• Texas Business & Commerce Code Section 4.108 - Time Of Receipt Of Items
  (a) For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for ...
• Texas Business & Commerce Code Section 4.109 - Delays
  (a) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than ...
• Texas Business & Commerce Code Section 4.110 - Electronic Presentment
  (a) "Agreement for electronic presentment" means an agreement, clearing-house rule, or Federal Reserve regulation or operating circular providing that presentment of an item may be ...
• Texas Business & Commerce Code Section 4.111 - Statute Of Limitations
  An action to enforce an obligation, duty, or right arising under this chapter must be commenced within three years after the cause of action accrues. ...
• Texas Business & Commerce Code Section 4.112 - Payment Of Check At Par
  (a) Except as otherwise provided by Chapter 3 or this chapter, a payor bank shall pay a check drawn on it against an account with ...
• Texas Business & Commerce Code Section 4.201 - Status Of Collecting Bank As Agent And Provisional Status Of Credits; Applicability Of Chapter; Item Indorsed "Pay Any Bank"
  (a) Unless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes ...
• Texas Business & Commerce Code Section 4.202 - Responsibility For Collection Or Return; When Action Timely
  (a) A collecting bank must exercise ordinary care in: (1) presenting an item or sending it for presentment; (2) sending notice of dishonor or non-payment ...
• Texas Business & Commerce Code Section 4.203 - Effect Of Instructions
  Subject to Chapter 3 concerning conversion of instruments (Section 3.420) and restrictive indorsements (Section 3.206), only a collecting bank's transferor can give instructions that affect ...
• Texas Business & Commerce Code Section 4.204 - Methods Of Sending And Presenting; Sending Directly To Payor Bank
  (a) A collecting bank shall send items by a reasonably prompt method, taking into consideration relevant instructions, the nature of the item, the number of ...
• Texas Business & Commerce Code Section 4.205 - Depository Bank Holder Of Unindorsed Item
  If a customer delivers an item to a depositary bank for collection, the depositary bank: (1) becomes a holder of the item at the time ...
• Texas Business & Commerce Code Section 4.206 - Transfer Between Banks
  Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank. Acts 1967, 60th Leg., p. 2343, ch. ...
• Texas Business & Commerce Code Section 4.207 - Transfer Warranties
  (a) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent ...
• Texas Business & Commerce Code Section 4.208 - Presentment Warranties
  (a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person ...
• Texas Business & Commerce Code Section 4.209 - Encoding And Retention Warranties
  (a) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor ...
• Texas Business & Commerce Code Section 4.210 - Security Interest Of Collecting Bank In Items, Accompanying Documents And Proceeds
  (a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either: (1) in case of an ...
• Texas Business & Commerce Code Section 4.211 - When Bank Gives Value For Purposes Of Holder In Due Course
  For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest ...
• Texas Business & Commerce Code Section 4.212 - Presentment By Notice Of Item Not Payable By, Through Or At A Bank; Liability Of Drawer Or Indorser
  (a) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to ...
• Texas Business & Commerce Code Section 4.213 - Medium And Time Of Settlement By Bank
  (a) With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or circulars, clearing-house rules, ...
• Texas Business & Commerce Code Section 4.214 - Right Of Charge-Back Or Refund; Liability Of Collecting Bank; Return Of Item
  (a) If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by ...
• Texas Business & Commerce Code Section 4.215 - Final Payment Of Item By Payor Bank; When Provisional Debits And Credits Become Final; When Certain Credits Become Available For Withdrawal
  (a) An item is finally paid by a payor bank when the bank has first done any of the following: (1) paid the item in ...
• Texas Business & Commerce Code Section 4.216 - Insolvency And Preference
  (a) If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not ...
• Texas Business & Commerce Code Section 4.301 - Deferred Posting; Recovery Of Payment By Return Of Items; Time Of Dishonor; Return Of Items By Payor Bank
  (a) If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before ...
• Texas Business & Commerce Code Section 4.302 - Payor Bank's Responsibility For Late Return Of Item
  (a) If an item is presented to and received by a payor bank, the bank is accountable for the amount of: (1) a demand item, ...
• Texas Business & Commerce Code Section 4.303 - When Items Subject To Notice, Stop-Payment Order, Legal Process, Or Setoff; Order In Which Items May Be Charged Or Certified
  (a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, ...
• Texas Business & Commerce Code Section 4.401 - When Bank May Charge Customer's Account
  (a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates ...
• Texas Business & Commerce Code Section 4.402 - Bank's Liability To Customer For Wrongful Dishonor
  (a) Except as otherwise provided by this chapter, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but ...
• Texas Business & Commerce Code Section 4.403 - Customer's Right To Stop Payment; Burden Of Proof Of Loss
  (a) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item ...
• Texas Business & Commerce Code Section 4.404 - Bank Not Obligated To Pay Check More Than Six Months Old
  A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, that is presented ...
• Texas Business & Commerce Code Section 4.405 - Death Or Incompetence Of Customer
  (a) A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, ...
• Texas Business & Commerce Code Section 4.406 - Customer's Duty To Discover And Report Unauthorized Signature Or Alteration
  (a) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return ...
• Texas Business & Commerce Code Section 4.407 - Payor Bank's Right To Subrogation On Improper Payment
  If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been ...
• Texas Business & Commerce Code Section 4.501 - Handling Of Documentary Drafts; Duty To Send For Presentment And To Notify Customer Of Dishonor
  A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and, upon learning that the ...
• Texas Business & Commerce Code Section 4.502 - Presentment Of "On Arrival" Drafts
  If a draft or the relevant instructions require presentment "on arrival", "when goods arrive", or the like, the collecting bank need not present until in ...
• Texas Business & Commerce Code Section 4.503 - Responsibility Of Presenting Bank For Documents And Goods; Report Of Reasons For Dishonor; Referee In Case Of Need
  Unless otherwise instructed and except as provided in Chapter 5, a bank presenting a documentary draft: (1) must deliver the documents to the drawee on ...
• Texas Business & Commerce Code Section 4.504 - Privilege Of Presenting Bank To Deal With Goods; Security Interest For Expenses
  (a) A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time ...
• Texas Business & Commerce Code Section 5.101 - Short Title
  This chapter may be cited as Uniform Commercial Code--Letters of Credit. Amended by Acts 1999, 76th Leg., ch. 4, § 1, eff. Sept. 1, 1999. ...
• Texas Business & Commerce Code Section 5.102 - Definitions
  (a) in this chapter: (1) "Adviser" means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another ...
• Texas Business & Commerce Code Section 5.103 - Scope
  (a) This chapter applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit. (b) The statement ...
• Texas Business & Commerce Code Section 5.104 - Formal Requirements
  A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a record and is authenticated: (1) by ...
• Texas Business & Commerce Code Section 5.105 - Consideration
  Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation. Amended by Acts 1999, 76th Leg., ch. 4, ...
• Texas Business & Commerce Code Section 5.106 - Issuance, Amendment, Cancellation, And Duration
  (a) A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits it ...
• Texas Business & Commerce Code Section 5.107 - Confirmer, Nominated Person, And Adviser
  (a) A confirmer is directly obligated on a letter of credit and has the rights and obligations of an issuer to the extent of its ...
• Texas Business & Commerce Code Section 5.108 - Issuer's Rights And Obligations
  (a) Except as otherwise provided in Section 5.109, an issuer shall honor a presentation that, as determined by the standard practice referred to in Subsection ...
• Texas Business & Commerce Code Section 5.109 - Fraud And Forgery
  (a) If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but ...
• Texas Business & Commerce Code Section 5.110 - Warranties
  (a) If its presentation is honored, the beneficiary warrants: (1) to the issuer, any other person to whom presentation is made, and the applicant that ...
• Texas Business & Commerce Code Section 5.111 - Remedies
  (a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated ...
• Texas Business & Commerce Code Section 5.112 - Transfer Of Letter Of Credit
  (a) Except as otherwise provided in Section 5.113, unless a letter of credit provides that it is transferable, the right of a beneficiary to draw ...
• Texas Business & Commerce Code Section 5.113 - Transfer By Operation Of Law
  (a) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name ...
• Texas Business & Commerce Code Section 5.114 - Assignment Of Proceeds
  (a) In this section, "proceeds of a letter of credit" means the cash, check, accepted draft, or other item of value paid or delivered upon ...
• Texas Business & Commerce Code Section 5.115 - Statute Of Limitations
  An action to enforce a right or obligation arising under this chapter must be commenced within one year after the expiration date of the relevant ...
• Texas Business & Commerce Code Section 5.116 - Choice Of Law And Forum
  (a) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an ...
• Texas Business & Commerce Code Section 5.117 - Subrogation Of Issuer, Applicant, And Nominated Person
  (a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were ...
• Texas Business & Commerce Code Section 5.118 - Security Interest Of Issuer Or Nominated Person
  (a) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer ...
• Texas Business & Commerce Code Section 7.101 - Short Title
  This chapter may be cited as Uniform Commercial Code--Documents of Title. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967. ...
• Texas Business & Commerce Code Section 7.102 - Definitions And Index Of Definitions
  (a) In this chapter, unless the context otherwise requires: (1) "Bailee" means a person that by a warehouse receipt, bill of lading, or other document ...
• Texas Business & Commerce Code Section 7.103 - Relation Of Article To Treaty Or Statute
  (a) This chapter is subject to any treaty or statute of the United States or a regulatory statute of this state to the extent the ...
• Texas Business & Commerce Code Section 7.104 - Negotiable And Nonnegotiable Document Of Title
  (a) A document of title is negotiable if by its terms the goods are to be delivered to bearer or to the order of a ...
• Texas Business & Commerce Code Section 7.105 - Reissuance In Alternative Medium
  (a) Upon request of a person entitled under an electronic document of title, the issuer of the electronic document may issue a tangible document of ...
• Texas Business & Commerce Code Section 7.106 - Control Of Electronic Document Of Title
  (a) A person has control of an electronic document of title if a system employed for evidencing the transfer of interests in the electronic document ...
• Texas Business & Commerce Code Section 7.201 - Person That May Issue A Warehouse Receipt; Storage Under Bond
  (a) A warehouse receipt may be issued by any warehouse. (b) If goods, including distilled spirits and agricultural commodities, are stored under a statute requiring ...
• Texas Business & Commerce Code Section 7.202 - Form Of Warehouse Receipt
  (a) A warehouse receipt need not be in any particular form. (b) Unless a warehouse receipt provides for each of the following, the warehouse is ...
• Texas Business & Commerce Code Section 7.203 - Liability For Nonreceipt Or Misdescription
  A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the ...
• Texas Business & Commerce Code Section 7.204 - Duty Of Care; Contractual Limitation Of Warehouse's Liability
  (a) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to ...
• Texas Business & Commerce Code Section 7.205 - Title Under Warehouse Receipt Defeated In Certain Cases
  A buyer in ordinary course of business of fungible goods sold and delivered by a warehouse that is also in the business of buying and ...
• Texas Business & Commerce Code Section 7.206 - Termination Of Storage At Warehouse's Option
  (a) A warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest ...
• Texas Business & Commerce Code Section 7.207 - Goods Must Be Kept Separate; Fungible Goods
  (a) Unless the warehouse receipt provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times ...
• Texas Business & Commerce Code Section 7.208 - Altered Warehouse Receipts
  If a blank in a negotiable tangible warehouse receipt has been filled in without authority, a good faith purchaser for value and without notice of ...
• Texas Business & Commerce Code Section 7.209 - Lien Of Warehouse
  (a) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof ...
• Texas Business & Commerce Code Section 7.210 - Enforcement Of Warehouse's Lien
  (a) Except as otherwise provided in Subsection (b), a warehouse's lien may be enforced by public or private sale of the goods, in bulk or ...
• Texas Business & Commerce Code Section 7.301 - Liability For Nonreceipt Or Misdescription; "Said To Contain"; "Shipper's Load And Count"; Improper Handling
  (a) A consignee of a nonnegotiable bill of lading which has given value in good faith, or a holder to which a negotiable bill has ...
• Texas Business & Commerce Code Section 7.302 - Through Bills Of Lading And Similar Documents Of Title
  (a) The issuer of a through bill of lading or other document of title embodying an undertaking to be performed in part by a person ...
• Texas Business & Commerce Code Section 7.303 - Diversion; Reconsignment; Change Of Instructions
  (a) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the ...
• Texas Business & Commerce Code Section 7.304 - Tangible Bills Of Lading In Set
  (a) Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable ...
• Texas Business & Commerce Code Section 7.305 - Destination Bills
  (a) Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at the request of the consignor, may ...
• Texas Business & Commerce Code Section 7.306 - Altered Bills Of Lading
  An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor. Acts 1967, ...
• Texas Business & Commerce Code Section 7.307 - Lien Of Carrier
  (a) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges ...
• Texas Business & Commerce Code Section 7.308 - Enforcement Of Carrier's Lien
  (a) A carrier's lien on goods may be enforced by public or private sale of the goods, in bulk or in packages, at any time ...
• Texas Business & Commerce Code Section 7.309 - Duty Of Care; Contractual Limitation Of Carrier's Liability
  (a) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which ...
• Texas Business & Commerce Code Section 7.401 - Irregularities In Issue Of Receipt Or Bill Or Conduct Of Issuer
  The obligations imposed by this chapter on an issuer apply to a document of title even if: (1) the document does not comply with the ...
• Texas Business & Commerce Code Section 7.402 - Duplicate Document Of Title; Overissue
  A duplicate or any other document of title purporting to cover goods already represented by an outstanding document of the same issuer does not confer ...
• Texas Business & Commerce Code Section 7.403 - Obligation Of Warehouse Or Carrier To Deliver; Excuse
  (a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with Subsections (b) and (c), ...
• Texas Business & Commerce Code Section 7.404 - No Liability For Good Faith Delivery Pursuant To Document Of Title
  A bailee that in good faith has received goods and delivered or otherwise disposed of the goods according to the terms of a document of ...
• Texas Business & Commerce Code Section 7.501 - Form Of Negotiation And Requirements Of Due Negotiation
  (a) The following rules apply to a negotiable tangible document of title: (1) If the document's original terms run to the order of a named ...
• Texas Business & Commerce Code Section 7.502 - Rights Acquired By Due Negotiation
  (a) Subject to Sections 7.205 and 7.503, a holder to which a negotiable document of title has been duly negotiated acquires thereby: (1) title to ...
• Texas Business & Commerce Code Section 7.503 - Document Of Title To Goods Defeated In Certain Cases
  (a) A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a ...
• Texas Business & Commerce Code Section 7.504 - Rights Acquired In Absence Of Due Negotiation; Effect Of Diversion; Stoppage Of Delivery
  (a) A transferee of a document of title, whether negotiable or nonnegotiable, to which the document has been delivered but not duly negotiated, acquires the ...
• Texas Business & Commerce Code Section 7.505 - Indorser Not Guarantor For Other Parties
  The indorsement of a tangible document of title issued by a bailee does not make the indorser liable for any default by the bailee or ...
• Texas Business & Commerce Code Section 7.506 - Delivery Without Indorsement; Right To Compel Indorsement
  The transferee of a negotiable tangible document of title has a specifically enforceable right to have its transferor supply any necessary indorsement, but the transfer ...
• Texas Business & Commerce Code Section 7.507 - Warranties On Negotiation Or Delivery Of Document Of Title
  If a person negotiates or delivers a document of title for value, otherwise than as a mere intermediary under Section 7.508, unless otherwise agreed, the ...
• Texas Business & Commerce Code Section 7.508 - Warranties Of Collecting Bank As To Documents Of Title
  A collecting bank or other intermediary known to be entrusted with documents of title on behalf of another or with collection of a draft or ...
• Texas Business & Commerce Code Section 7.509 - Adequate Compliance With Commercial Contract
  Whether a document of title is adequate to fulfill the obligations of a contract for sale, a contract for lease, or the conditions of a ...
• Texas Business & Commerce Code Section 7.601 - Lost, Stolen, Or Destroyed Documents Of Title
  (a) If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document ...
• Texas Business & Commerce Code Section 7.602 - Attachment Of Goods Covered By Negotiable Document Of Title
  Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose of them, ...
• Texas Business & Commerce Code Section 7.603 - Conflicting Claims; Interpleader
  If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has a reasonable ...
• Texas Business & Commerce Code Section 8.101 - Short Title
  This chapter may be cited as Uniform Commercial Code--Investment Securities. Amended by Acts 1995, 74th Leg., ch. 962, § 1, eff. Sept. 1, 1995. ...
• Texas Business & Commerce Code Section 8.102 - Definitions
  (a) In this chapter: (1) "Adverse claim" means a claim that a claimant has a property interest in a financial asset and that it is ...
• Texas Business & Commerce Code Section 8.103 - Rules For Determining Whether Certain Obligations And Interests Are Securities Or Financial Assets
  (a) A share or similar equity interest issued by a corporation, business trust, joint stock company, or similar entity is a security. (b) An investment ...
• Texas Business & Commerce Code Section 8.104 - Acquisition Of Security Or Financial Asset Or Interest Therein
  (a) A person acquires a security or an interest therein under this chapter if: (1) the person is a purchaser to whom a security is ...
• Texas Business & Commerce Code Section 8.105 - Notice Of Adverse Claim
  (a) A person has notice of an adverse claim if: (1) the person knows of the adverse claim; (2) the person is aware of facts ...
• Texas Business & Commerce Code Section 8.106 - Control
  (a) A purchaser has control of a certificated security in bearer form if the certificated security is delivered to the purchaser. (b) A purchaser has ...
• Texas Business & Commerce Code Section 8.107 - Whether Indorsement, Instruction, Or Entitlement Order Is Effective
  (a) "Appropriate person" means: (1) with respect to an indorsement, the person specified by a security certificate or by an effective special indorsement to be ...
• Texas Business & Commerce Code Section 8.108 - Warranties In Direct Holding
  (a) A person who transfers a certificated security to a purchaser for value warrants to the purchaser, and an indorser, if the transfer is by ...
• Texas Business & Commerce Code Section 8.109 - Warranties In Indirect Holding
  (a) A person who originates an entitlement order to a securities intermediary warrants to the securities intermediary that: (1) the entitlement order is made by ...
• Texas Business & Commerce Code Section 8.110 - Applicability; Choice Of Law
  (a) The local law of the issuer's jurisdiction, as specified in Subsection (d), governs: (1) the validity of a security; (2) the rights and duties ...
• Texas Business & Commerce Code Section 8.111 - Clearing Corporation Rules
  A rule adopted by a clearing corporation governing rights and obligations among the clearing corporation and its participants in the clearing corporation is effective even ...
• Texas Business & Commerce Code Section 8.112 - Creditor's Legal Process
  (a) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by ...
• Texas Business & Commerce Code Section 8.113 - Statute Of Frauds Inapplicable
  A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed ...
• Texas Business & Commerce Code Section 8.114 - Evidentiary Rules Concerning Certificated Securities
  The following rules apply in an action on a certificated security against the issuer: (1) Unless specifically denied in the pleadings, each signature on a ...
• Texas Business & Commerce Code Section 8.115 - Securities Intermediary And Others Not Liable To Adverse Claimant
  A securities intermediary that has transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent or bailee that has ...
• Texas Business & Commerce Code Section 8.116 - Securities Intermediary As Purchaser For Value
  A securities intermediary that receives a financial asset and establishes a security entitlement to the financial asset in favor of an entitlement holder is a ...
• Texas Business & Commerce Code Section 8.201 - Issuer
  (a) With respect to an obligation on or a defense to a security, "issuer" includes a person that: (1) places or authorizes the placing of ...
• Texas Business & Commerce Code Section 8.202 - Issuer's Responsibility And Defenses; Notice Of Defect Or Defense
  (a) Even against a purchaser for value and without notice, the terms of a certificated security include terms stated on the certificate and terms made ...
• Texas Business & Commerce Code Section 8.203 - Staleness As Notice Of Defect Or Defense
  After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by ...
• Texas Business & Commerce Code Section 8.204 - Effect Of Issuer's Restriction On Transfer
  A restriction on transfer of a security imposed by the issuer, even if otherwise lawful, is ineffective against a person without knowledge of the restriction ...
• Texas Business & Commerce Code Section 8.205 - Effect Of Unauthorized Signature On Security Certificate
  An unauthorized signature placed on a security certificate before or in the course of issue is ineffective, but the signature is effective in favor of ...
• Texas Business & Commerce Code Section 8.206 - Completion Or Alteration Of Security Certificate
  (a) If a security certificate contains the signatures necessary to its issue or transfer but is incomplete in any other respect: (1) any person may ...
• Texas Business & Commerce Code Section 8.207 - Rights And Duties Of Issuer With Respect To Registered Owners
  (a) Before due presentment for registration of transfer of a certificated security in registered form or of an instruction requesting registration of transfer of an ...
• Texas Business & Commerce Code Section 8.208 - Effect Of Signature Of Authenticating Trustee, Registrar, Or Transfer Agent
  (a) A person signing a security certificate as authenticating trustee, registrar, transfer agent, or the like warrants to a purchaser for value of the certificated ...
• Texas Business & Commerce Code Section 8.209 - Issuer's Lien
  A lien in favor of an issuer on a certificated security is valid against a purchaser only if the right of the issuer to the ...
• Texas Business & Commerce Code Section 8.210 - Overissue
  (a) In this section, "overissue" means the issue of securities in excess of the amount the issuer has corporate power to issue, but an overissue ...
• Texas Business & Commerce Code Section 8.301 - Delivery
  (a) Delivery of a certificated security to a purchaser occurs when: (1) the purchaser acquires possession of the security certificate; (2) another person, other than ...
• Texas Business & Commerce Code Section 8.302 - Rights Of Purchaser
  (a) Except as otherwise provided in Subsections (b) and (c), a purchaser of a certificated or uncertificated security acquires all rights in the security that ...
• Texas Business & Commerce Code Section 8.303 - Protected Purchaser
  (a) "Protected purchaser" means a purchaser of a certificated or uncertificated security, or of an interest therein, who: (1) gives value; (2) does not have ...
• Texas Business & Commerce Code Section 8.304 - Indorsement
  (a) An indorsement may be in blank or special. An indorsement in blank includes an indorsement to bearer. A special indorsement specifies to whom a ...
• Texas Business & Commerce Code Section 8.305 - Instruction
  (a) If an instruction has been originated by an appropriate person but is incomplete in any other respect, any person may complete it as authorized ...
• Texas Business & Commerce Code Section 8.306 - Effect Of Guaranteeing Signature, Indorsement, Or Instruction
  (a) A person who guarantees a signature of an indorser of a security certificate warrants that at the time of signing: (1) the signature was ...
• Texas Business & Commerce Code Section 8.307 - Purchaser's Right To Requisites For Registration Of Transfer
  Unless otherwise agreed, the transferor of a security on due demand shall supply the purchaser with proof of authority to transfer or with any other ...
• Texas Business & Commerce Code Section 8.401 - Duty Of Issuer To Register Transfer
  (a) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to ...
• Texas Business & Commerce Code Section 8.402 - Assurance That Indorsement Or Instruction Is Effective
  (a) An issuer may require the following assurance that each necessary indorsement or each instruction is genuine and authorized: (1) in all cases, a guaranty ...
• Texas Business & Commerce Code Section 8.403 - Demand That Issuer Not Register Transfer
  (a) A person who is an appropriate person to make an indorsement or originate an instruction may demand that the issuer not register transfer of ...
• Texas Business & Commerce Code Section 8.404 - Wrongful Registration
  (a) Except as otherwise provided in Section 8.406, an issuer is liable for wrongful registration of transfer if the issuer has registered a transfer of ...
• Texas Business & Commerce Code Section 8.405 - Replacement Of Lost, Destroyed, Or Wrongfully Taken Security Certificate
  (a) If an owner of a certificated security, whether in registered or bearer form, claims that the certificate has been lost, destroyed, or wrongfully taken, ...
• Texas Business & Commerce Code Section 8.406 - Obligation To Notify Issuer Of Lost, Destroyed, Or Wrongfully Taken Security Certificate
  If a security certificate has been lost, apparently destroyed, or wrongfully taken, and the owner fails to notify the issuer of that fact within a ...
• Texas Business & Commerce Code Section 8.407 - Authenticating Trustee, Transfer Agent, And Registrar
  A person acting as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of a transfer of its securities, in ...
• Texas Business & Commerce Code Section 8.501 - Securities Account; Acquisition Of Security Entitlement From Securities Intermediary
  (a) "Securities account" means an account to which a financial asset is or may be credited in accordance with an agreement under which the person ...
• Texas Business & Commerce Code Section 8.502 - Assertion Of Adverse Claim Against Entitlement Holder
  An action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not ...
• Texas Business & Commerce Code Section 8.503 - Property Interest Of Entitlement Holder In Financial Asset Held By Securities Intermediary
  (a) To the extent necessary for a securities intermediary to satisfy all security entitlements with respect to a particular financial asset, all interests in that ...
• Texas Business & Commerce Code Section 8.504 - Duty Of Securities Intermediary To Maintain Financial Asset
  (a) A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it ...
• Texas Business & Commerce Code Section 8.505 - Duty Of Securities Intermediary With Respect To Payments And Distributions
  (a) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies ...
• Texas Business & Commerce Code Section 8.506 - Duty Of Securities Intermediary To Exercise Rights As Directed By Entitlement Holder
  A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. A securities intermediary satisfies ...
• Texas Business & Commerce Code Section 8.507 - Duty Of Securities Intermediary To Comply With Entitlement Order
  (a) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had ...
• Texas Business & Commerce Code Section 8.508 - Duty Of Securities Intermediary To Change Entitlement Holder's Position To Other Form Of Security Holding
  A securities intermediary shall act at the direction of an entitlement holder to change a security entitlement into another available form of holding for which ...
• Texas Business & Commerce Code Section 8.509 - Specification Of Duties Of Securities Intermediary By Other Statute Or Regulation; Manner Of Performance Of Duties Of Securities Intermediary And Exercise Of Rights Of Entitlement Holder
  (a) If the substance of a duty imposed on a securities intermediary by Sections 8.504-8.508 is the subject of another statute, regulation, or rule, compliance ...
• Texas Business & Commerce Code Section 8.510 - Rights Of Purchaser Of Security Entitlement From Entitlement Holder
  (a) In a case not covered by the priority rules in Chapter 9 or the rules stated in Subsection (c), an action based on an ...
• Texas Business & Commerce Code Section 8.511 - Priority Among Security Interests And Entitlement Holders
  (a) Except as otherwise provided in Subsections (b) and (c), if a securities intermediary does not have sufficient interests in a particular financial asset to ...
• Texas Business & Commerce Code Section 9.101 - Short Title
  This chapter may be cited as Uniform Commercial Code--Secured Transactions. Amended by Acts 1999, 76th Leg., ch. 414, § 1.01, eff. July 1, 2001. ...
• Texas Business & Commerce Code Section 9.102 - Definitions And Index Of Definitions
  (a) In this chapter: (1) "Accession" means goods that are physically united with other goods in such a manner that the identity of the original ...
• Texas Business & Commerce Code Section 9.103 - Purchase-Money Security Interest; Application Of Payments; Burden Of Establishing
  (a) In this section: (1) "Purchase-money collateral" means goods or software that secures a purchase-money obligation incurred with respect to that collateral. (2) "Purchase-money obligation" ...
• Texas Business & Commerce Code Section 9.104 - Control Of Deposit Account
  (a) A secured party has control of a deposit account if: (1) the secured party is the bank with which the deposit account is maintained; ...
• Texas Business & Commerce Code Section 9.105 - Control Of Electronic Chattel Paper
  A secured party has control of electronic chattel paper if the record or records comprising the chattel paper are created, stored, and assigned in such ...
• Texas Business & Commerce Code Section 9.106 - Control Of Investment Property
  (a) A person has control of a certificated security, uncertificated security, or security entitlement as provided in Section 8.106. (b) A secured party has control ...
• Texas Business & Commerce Code Section 9.107 - Control Of Letter-Of-Credit Right
  A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated ...
• Texas Business & Commerce Code Section 9.108 - Sufficiency Of Description
  (a) Except as otherwise provided in Subsections (c), (d), and (e), a description of personal or real property is sufficient, whether or not it is ...
• Texas Business & Commerce Code Section 9.109 - Scope
  (a) Except as otherwise provided in Subsections (c), (d), and (e), this chapter applies to: (1) a transaction, regardless of its form, that creates a ...
• Texas Business & Commerce Code Section 9.110 - Security Interests Arising Under Chapter 2 Or 2a
  A security interest arising under Section 2.401, 2.505, 2.711(c), or 2A.508(e) is subject to this chapter. However, until the debtor obtains possession of the goods: ...
• Texas Business & Commerce Code Section 9.201 - General Effectiveness Of Security Agreement
  (a) Except as otherwise provided by this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, ...
• Texas Business & Commerce Code Section 9.202 - Title To Collateral Immaterial
  Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this chapter with ...
• Texas Business & Commerce Code Section 9.203 - Attachment And Enforceability Of Security Interest; Proceeds; Supporting Obligations; Formal Requisites
  (a) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the ...
• Texas Business & Commerce Code Section 9.204 - After-Acquired Property; Future Advances
  (a) Except as provided in Subsection (b), a security agreement may create or provide for a security interest in after-acquired collateral. (b) A security interest ...
• Texas Business & Commerce Code Section 9.205 - Use Or Disposition Of Collateral Permissible
  (a) A security interest is not invalid or fraudulent against creditors solely because: (1) the debtor has the right or ability to: (A) use, commingle, ...
• Texas Business & Commerce Code Section 9.206 - Security Interest Arising In Purchase Or Delivery Of Financial Asset
  (a) A security interest in favor of a securities intermediary attaches to a person's security entitlement if: (1) the person buys a financial asset through ...
• Texas Business & Commerce Code Section 9.207 - Rights And Duties Of Secured Party Having Possession Or Control Of Collateral
  (a) Except as otherwise provided in Subsection (d), a secured party shall use reasonable care in the custody and preservation of collateral in the secured ...
• Texas Business & Commerce Code Section 9.208 - Additional Duties Of Secured Party Having Control Of Collateral
  (a) This section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur ...
• Texas Business & Commerce Code Section 9.209 - Duties Of Secured Party If Account Debtor Has Been Notified Of Assignment
  (a) Except as otherwise provided in Subsection (c), this section applies if: (1) there is no outstanding secured obligation; and (2) the secured party is ...
• Texas Business & Commerce Code Section 9.210 - Request For Accounting; Request Regarding List Of Collateral Or Statement Of Account
  (a) In this section: (1) "Request" means a record of a type described in Subdivision (2), (3), or (4). (2) "Request for an accounting" means ...
• Texas Business & Commerce Code Section 9.301 - Law Governing Perfection And Priority Of Security Interests
  Except as otherwise provided in Sections 9.303 through 9.306, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the ...
• Texas Business & Commerce Code Section 9.302 - Law Governing Perfection And Priority Of Agricultural Liens
  While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority ...
• Texas Business & Commerce Code Section 9.303 - Law Governing Perfection And Priority Of Security Interests In Goods Covered By A Certificate Of Title
  (a) This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate ...
• Texas Business & Commerce Code Section 9.304 - Law Governing Perfection And Priority Of Security Interests In Deposit Accounts
  (a) The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a ...
• Texas Business & Commerce Code Section 9.305 - Law Governing Perfection And Priority Of Security Interests In Investment Property
  (a) Except as otherwise provided in Subsection (c), the following rules apply: (1) While a security certificate is located in a jurisdiction, the local law ...
• Texas Business & Commerce Code Section 9.306 - Law Governing Perfection And Priority Of Security Interests In Letter-Of-Credit Rights
  (a) Subject to Subsection (c), the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, ...
• Texas Business & Commerce Code Section 9.307 - Location Of Debtor
  (a) In this section, "place of business" means a place where a debtor conducts its affairs. (b) Except as otherwise provided in this section, the ...
• Texas Business & Commerce Code Section 9.308 - When Security Interest Or Agricultural Lien Is Perfected; Continuity Of Perfection
  (a) Except as otherwise provided in this section and Section 9.309, a security interest is perfected if it has attached and all of the applicable ...
• Texas Business & Commerce Code Section 9.309 - Security Interest Perfected Upon Attachment
  The following security interests are perfected when they attach: (1) a purchase money security interest in consumer goods, except as otherwise provided in Section 9.311(b) ...
• Texas Business & Commerce Code Section 9.310 - When Filing Required To Perfect Security Interest Or Agricultural Lien; Security Interests And Agricultural Liens To Which Filing Provisions Do Not Apply
  (a) Except as otherwise provided in Subsection (b) and Section 9.312(b), a financing statement must be filed to perfect all security interests and agricultural liens. ...
• Texas Business & Commerce Code Section 9.311 - Perfection Of Security Interests In Property Subject To Certain Statutes, Regulations, And Treaties
  (a) Except as otherwise provided in Subsection (d), the filing of a financing statement is not necessary or effective to perfect a security interest in ...
• Texas Business & Commerce Code Section 9.312 - Perfection Of Security Interests In Chattel Paper, Deposit Accounts, Documents, And Goods Covered By Documents, Instruments, Investment Property, Letter-Of-Credit Rights, And Money; Perfection By Permissive Filing; Temporary Perfection Without Filing Or Transfer Of Possession
  (a) A security interest in chattel paper, negotiable documents, instruments, or investment property may be perfected by filing. (b) Except as otherwise provided in Sections ...
• Texas Business & Commerce Code Section 9.313 - When Possession By Or Delivery To Secured Party Perfects Security Interest Without Filing
  (a) Except as otherwise provided in Subsection (b), a secured party may perfect a security interest in tangible negotiable documents, goods, instruments, money, or tangible ...
• Texas Business & Commerce Code Section 9.314 - Perfection By Control
  (a) A security interest in investment property, deposit accounts, letter-of-credit rights, electronic chattel paper, or electronic documents may be perfected by control of the collateral ...
• Texas Business & Commerce Code Section 9.315 - Secured Party's Rights On Disposition Of Collateral And In Proceeds
  (a) Except as otherwise provided in this chapter and Section 2.403(b): (1) a security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, ...
• Texas Business & Commerce Code Section 9.316 - Continued Perfection Of Security Interest Following Change In Governing Law
  (a) A security interest perfected pursuant to the law of the jurisdiction designated in Section 9.301(1) or 9.305(c) remains perfected until the earliest of: (1) ...
• Texas Business & Commerce Code Section 9.317 - Interests That Take Priority Over Or Take Free Of Security Interest Or Agricultural Lien
  (a) A security interest or agricultural lien is subordinate to the rights of: (1) a person entitled to priority under Section 9.322; and (2) except ...
• Texas Business & Commerce Code Section 9.318 - No Interest Retained In Right To Payment That Is Sold; Rights And Title Of Seller Of Account Or Chattel Paper With Respect To Creditors And Purchasers
  (a) A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not retain a legal or equitable interest in the ...
• Texas Business & Commerce Code Section 9.319 - Rights And Title Of Consignee With Respect To Creditors And Purchasers
  (a) Except as otherwise provided in Subsection (b), for purposes of determining the rights of creditors of, and purchasers for value of goods from, a ...
• Texas Business & Commerce Code Section 9.320 - Buyers Of Goods
  (a) Except as otherwise provided by Subsection (e), a buyer in ordinary course of business, other than a person buying farm products from a person ...
• Texas Business & Commerce Code Section 9.321 - Licensee Of General Intangible And Lessee Of Goods In Ordinary Course Of Business
  (a) In this section, "licensee in ordinary course of business" means a person that becomes a licensee of a general intangible in good faith, without ...
• Texas Business & Commerce Code Section 9.322 - Priorities Among Conflicting Security Interests In And Agricultural Liens On Same Collateral
  (a) Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the ...
• Texas Business & Commerce Code Section 9.323 - Future Advances
  (a) Except as otherwise provided in Subsection (c), for purposes of determining the priority of a perfected security interest under Section 9.322(a)(1), perfection of the ...
• Texas Business & Commerce Code Section 9.324 - Priority Of Purchase-Money Security Interests
  (a) Except as otherwise provided in Subsection (g), a perfected purchase-money security interest in goods other than inventory or livestock has priority over a conflicting ...
• Texas Business & Commerce Code Section 9.325 - Priority Of Security Interests In Transferred Collateral
  (a) Except as otherwise provided in Subsection (b), a security interest created by a debtor is subordinate to a security interest in the same collateral ...
• Texas Business & Commerce Code Section 9.326 - Priority Of Security Interests Created By New Debtor
  (a) Subject to Subsection (b), a security interest created by a new debtor that is perfected by a filed financing statement that is effective solely ...
• Texas Business & Commerce Code Section 9.327 - Priority Of Security Interests In Deposit Account
  The following rules govern priority among conflicting security interests in the same deposit account: (1) A security interest held by a secured party having control ...
• Texas Business & Commerce Code Section 9.328 - Priority Of Security Interests In Investment Property
  The following rules govern priority among conflicting security interests in the same investment property: (1) A security interest held by a secured party having control ...
• Texas Business & Commerce Code Section 9.329 - Priority Of Security Interests In Letter-Of-Credit Right
  The following rules govern priority among conflicting security interests in the same letter-of-credit right: (1) A security interest held by a secured party having control ...
• Texas Business & Commerce Code Section 9.330 - Priority Of Purchaser Of Chattel Paper Or Instrument
  (a) A purchaser of chattel paper has priority over a security interest in the chattel paper that is claimed merely as proceeds of inventory subject ...
• Texas Business & Commerce Code Section 9.331 - Priority Of Rights Of Purchasers Of Instruments, Documents, And Securities Under Other Chapters; Priority Of Interests In Financial Assets And Security Entitlements Under Chapter 8
  (a) This chapter does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document ...
• Texas Business & Commerce Code Section 9.332 - Transfer Of Money; Transfer Of Funds From Deposit Account
  (a) A transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the ...
• Texas Business & Commerce Code Section 9.333 - Priority Of Certain Liens Arising By Operation Of Law
  (a) In this section, "possessory lien" means an interest, other than a security interest or an agricultural lien: (1) that secures payment or performance of ...
• Texas Business & Commerce Code Section 9.334 - Priority Of Security Interests In Fixtures And Crops
  (a) A security interest under this chapter may be created in goods that are fixtures or may continue in goods that become fixtures. A security ...
• Texas Business & Commerce Code Section 9.335 - Accessions
  (a) A security interest may be created in an accession and continues in collateral that becomes an accession. (b) If a security interest is perfected ...
• Texas Business & Commerce Code Section 9.336 - Commingled Goods
  (a) In this section, "commingled goods" means goods that are physically united with other goods in such a manner that their identity is lost in ...
• Texas Business & Commerce Code Section 9.337 - Priority Of Security Interests In Goods Covered By Certificate Of Title
  If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title ...
• Texas Business & Commerce Code Section 9.338 - Priority Of Security Interest Or Agricultural Lien Perfected By Filed Financing Statement Providing Certain Incorrect Information
  If a security interest or agricultural lien is perfected by a filed financing statement providing information described in Section 9.516(b)(5) that is incorrect at the ...
• Texas Business & Commerce Code Section 9.339 - Priority Subject To Subordination
  This chapter does not preclude subordination by agreement by a person entitled to priority. Added by Acts 1999, 76th Leg., ch. 414, § 1.01, eff. ...
• Texas Business & Commerce Code Section 9.340 - Effectiveness Of Right Of Recoupment Or Set-Off Against Deposit Account
  (a) Except as otherwise provided in Subsection (c), a bank with which a deposit account is maintained may exercise any right of recoupment or set-off ...
• Texas Business & Commerce Code Section 9.341 - Bank's Rights And Duties With Respect To Deposit Account
  Except as otherwise provided in Section 9.340(c), and unless the bank otherwise agrees in an authenticated record, a bank's rights and duties with respect to ...
• Texas Business & Commerce Code Section 9.342 - Bank's Right To Refuse To Enter Into Or Disclose Existence Of Control Agreement
  This chapter does not require a bank to enter into an agreement of the kind described in Section 9.104(a)(2), even if its customer so requests ...
• Texas Business & Commerce Code Section 9.343 - Oil And Gas Interests: Security Interest Perfected Without Filing; Statutory Lien
  (a) This section provides a security interest in favor of interest owners, as secured parties, to secure the obligations of the first purchaser of oil ...
• Texas Business & Commerce Code Section 9.401 - Alienability Of Debtor's Rights
  (a) Except as otherwise provided in Subsection (b) and Sections 9.406, 9.407, 9.408, and 9.409, whether a debtor's rights in collateral may be voluntarily or ...
• Texas Business & Commerce Code Section 9.402 - Secured Party Not Obligated On Contract Of Debtor Or In Tort
  The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject ...
• Texas Business & Commerce Code Section 9.403 - Agreement Not To Assert Defenses Against Assignee
  (a) In this section, "value" has the meaning provided in Section 3.303(a). (b) Except as otherwise provided in this section, an agreement between an account ...
• Texas Business & Commerce Code Section 9.404 - Rights Acquired By Assignee; Claims And Defenses Against Assignee
  (a) Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to Subsections (b)-(e), the rights of an ...
• Texas Business & Commerce Code Section 9.405 - Modification Of Assigned Contract
  (a) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights ...
• Texas Business & Commerce Code Section 9.406 - Discharge Of Account Debtor; Notification Of Assignment; Identification And Proof Of Assignment; Restrictions On Assignment Of Accounts, Chattel Paper, Payment Intangibles, And Promissory Notes Ineffective
  (a) Subject to Subsections (b)-(i), an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor ...
• Texas Business & Commerce Code Section 9.407 - Restrictions On Creation Or Enforcement Of Security Interest In Leasehold Interest Or In Lessor's Residual Interest
  (a) Except as otherwise provided in Subsection (b), a term in a lease agreement is ineffective to the extent that it: (1) prohibits, restricts, or ...
• Texas Business & Commerce Code Section 9.408 - Restrictions On Assignment Of Promissory Notes, Health-Care-Insurance Receivables, And Certain General Intangibles Ineffective
  (a) Except as otherwise provided in Subsection (b), a term in a promissory note or in an agreement between an account debtor and a debtor ...
• Texas Business & Commerce Code Section 9.409 - Restrictions On Assignment Of Letter-Of-Credit Rights Ineffective
  (a) A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit that ...
• Texas Business & Commerce Code Section 9.501 - Filing Office
  (a) Except as otherwise provided in Subsection (b), if the local law of this state governs perfection of a security interest or agricultural lien, the ...
• Texas Business & Commerce Code Section 9.502 - Contents Of Financing Statement; Record Of Mortgage As Financing Statement; Time Of Filing Financing Statement
  (a) Subject to Subsection (b), a financing statement is sufficient only if it: (1) provides the name of the debtor; (2) provides the name of ...
• Texas Business & Commerce Code Section 9.503 - Name Of Debtor And Secured Party
  (a) A financing statement sufficiently provides the name of the debtor: (1) if the debtor is a registered organization, only if the financing statement provides ...
• Texas Business & Commerce Code Section 9.504 - Indication Of Collateral
  A financing statement sufficiently indicates the collateral that it covers if the financing statement provides: (1) a description of the collateral pursuant to Section 9.108; ...
• Texas Business & Commerce Code Section 9.505 - Filing And Compliance With Other Statutes And Treaties For Consignments, Leases, Other Bailments, And Other Transactions
  (a) A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing ...
• Texas Business & Commerce Code Section 9.506 - Effect Of Errors Or Omissions
  (a) A financing statement substantially satisfying the requirements of this subchapter is effective, even if it has minor errors or omissions, unless the errors or ...
• Texas Business & Commerce Code Section 9.507 - Effect Of Certain Events On Effectiveness Of Financing Statement
  (a) A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a ...
• Texas Business & Commerce Code Section 9.508 - Effectiveness Of Financing Statement If New Debtor Becomes Bound By Security Agreement
  (a) Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral ...
• Texas Business & Commerce Code Section 9.509 - Persons Entitled To File A Record
  (a) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to ...
• Texas Business & Commerce Code Section 9.510 - Effectiveness Of Filed Record
  (a) A filed record is effective only to the extent that it was filed by a person that may file it under Section 9.509. (b) ...
• Texas Business & Commerce Code Section 9.511 - Secured Party Of Record
  (a) A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured ...
• Texas Business & Commerce Code Section 9.512 - Amendment Of Financing Statement
  (a) Subject to Section 9.509, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to Subsection (e), ...
• Texas Business & Commerce Code Section 9.513 - Termination Statement
  (a) A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if ...
• Texas Business & Commerce Code Section 9.514 - Assignment Of Powers Of Secured Party Of Record
  (a) Except as otherwise provided in Subsection (c), an initial financing statement may reflect an assignment of all of the secured party's power to authorize ...
• Texas Business & Commerce Code Section 9.515 - Duration And Effectiveness Of Financing Statement; Effect Of Lapsed Financing Statement
  (a) Except as otherwise provided in Subsections (b)-(g), a filed financing statement is effective for a period of five years after the date of filing. ...
• Texas Business & Commerce Code Section 9.516 - What Constitutes Filing; Effectiveness Of Filing
  (a) Except as otherwise provided in Subsection (b), communication of a record to a filing office and tender of the filing fee or acceptance of ...
• Texas Business & Commerce Code Section 9.517 - Effect Of Indexing Errors
  The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record. Added by Acts 1999, 76th ...
• Texas Business & Commerce Code Section 9.518 - Claim Concerning Inaccurate Or Wrongfully Filed Record
  (a) A person may file in the filing office a correction statement with respect to a record indexed there under the person's name if the ...
• Texas Business & Commerce Code Section 9.5185 - Fraudulent Filing
  (a) A person may not intentionally or knowingly present for filing or cause to be presented for filing a financing statement that the person knows: ...
• Texas Business & Commerce Code Section 9.519 - Numbering, Maintaining, And Indexing Records; Communicating Information Provided In Records
  (a) For each record filed in a filing office, the filing office shall: (1) assign a unique number to the filed record; (2) create a ...
• Texas Business & Commerce Code Section 9.520 - Acceptance And Refusal To Accept Record
  (a) A filing office shall refuse to accept a record for filing for a reason set forth in Section 9.516(b) and may refuse to accept ...
• Texas Business & Commerce Code Section 9.5211 - Uniform Form Of Written Financing Statement And Amendment
  (a) Except as provided by Section 9.516(b), a filing office that accepts written records may not refuse to accept a written initial financing statement on ...
• Texas Business & Commerce Code Section 9.522 - Maintenance And Destruction Of Records
  (a) The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness ...
• Texas Business & Commerce Code Section 9.523 - Information From Filing Office; Sale Or License Of Records
  (a) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image ...
• Texas Business & Commerce Code Section 9.524 - Delay By Filing Office
  Delay by the filing office beyond a time limit prescribed by this subchapter is excused if: (1) the delay is caused by interruption of communication ...
• Texas Business & Commerce Code Section 9.525 - Fees
  (a) Except as otherwise provided in Subsections (e) and (f), the fee for filing and indexing a record under this subchapter, other than an initial ...
• Texas Business & Commerce Code Section 9.526 - Filing-Office Rules
  (a) The Secretary of State shall adopt and publish rules to implement this chapter. The filing-office rules must be consistent with this chapter. (b) To ...
• Texas Business & Commerce Code Section 9.527 - Duty To Report
  The Secretary of State shall report before January 1 of each odd-numbered year to the Legislature on the operation of the filing office. The report ...
• Texas Business & Commerce Code Section 9.601 - Rights After Default; Judicial Enforcement; Consignor Or Buyer Of Accounts, Chattel Paper, Payment Intangibles, Or Promissory Notes
  (a) After default, a secured party has the rights provided in this subchapter and, except as otherwise provided in Section 9.602, those provided by agreement ...
• Texas Business & Commerce Code Section 9.602 - Waiver And Variance Of Rights And Duties
  Except as otherwise provided in Section 9.624, to the extent that they give rights to a debtor or obligor and impose duties on a secured ...
• Texas Business & Commerce Code Section 9.603 - Agreement On Standards Concerning Rights And Duties
  (a) The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a ...
• Texas Business & Commerce Code Section 9.604 - Procedure If Security Agreement Covers Real Property Or Fixtures
  (a) If a security agreement covers both personal and real property, a secured party may proceed: (1) under this subchapter as to the personal property ...
• Texas Business & Commerce Code Section 9.605 - Unknown Debtor Or Secondary Obligor
  A secured party does not owe a duty based on its status as secured party: (1) to a person that is a debtor or obligor, ...
• Texas Business & Commerce Code Section 9.606 - Time Of Default For Agricultural Lien
  For purposes of this subchapter, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the ...
• Texas Business & Commerce Code Section 9.607 - Collection And Enforcement By Secured Party
  (a) If so agreed, and in any event after default, a secured party: (1) may notify an account debtor or other person obligated on collateral ...
• Texas Business & Commerce Code Section 9.608 - Application Of Proceeds Of Collection Or Enforcement; Liability For Deficiency And Right To Surplus
  (a) If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply: (1) A secured party shall apply ...
• Texas Business & Commerce Code Section 9.609 - Secured Party's Right To Take Possession After Default
  (a) After default, a secured party: (1) may take possession of the collateral; and (2) without removal, may render equipment unusable and dispose of collateral ...
• Texas Business & Commerce Code Section 9.610 - Disposition Of Collateral After Default
  (a) After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or ...
• Texas Business & Commerce Code Section 9.611 - Notification Before Disposition Of Collateral
  (a) In this section, "notification date" means the earlier of the date on which: (1) a secured party sends to the debtor and any secondary ...
• Texas Business & Commerce Code Section 9.612 - Timeliness Of Notification Before Disposition Of Collateral
  (a) Except as otherwise provided in Subsection (b), whether a notification is sent within a reasonable time is a question of fact. (b) In a ...
• Texas Business & Commerce Code Section 9.613 - Contents And Form Of Notification Before Disposition Of Collateral: General
  Except in a consumer-goods transaction, the following rules apply: (1) The contents of a notification of disposition are sufficient if the notification: (A) describes the ...
• Texas Business & Commerce Code Section 9.614 - Contents And Form Of Notification Before Disposition Of Collateral: Consumer-Goods Transaction
  In a consumer-goods transaction, the following rules apply: (1) A notification of disposition must provide the following information: (A) the information specified in Section 9.613(1); ...
• Texas Business & Commerce Code Section 9.615 - Application Of Proceeds Of Disposition; Liability For Deficiency And Right To Surplus
  (a) A secured party shall apply or pay over for application the cash proceeds of disposition under Section 9.610 in the following order to: (1) ...
• Texas Business & Commerce Code Section 9.616 - Explanation Of Calculation Of Surplus Or Deficiency
  (a) In this section: (1) "Explanation" means a writing that: (A) states the amount of the surplus or deficiency; (B) provides an explanation in accordance ...
• Texas Business & Commerce Code Section 9.617 - Rights Of Transferee Of Collateral
  (a) A secured party's disposition of collateral after default: (1) transfers to a transferee for value all of the debtor's rights in the collateral; (2) ...
• Texas Business & Commerce Code Section 9.618 - Rights And Duties Of Certain Secondary Obligors
  (a) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor: (1) receives an ...
• Texas Business & Commerce Code Section 9.619 - Transfer Of Record Or Legal Title
  (a) In this section, "transfer statement" means a record authenticated by a secured party stating: (1) that the debtor has defaulted in connection with an ...
• Texas Business & Commerce Code Section 9.620 - Acceptance Of Collateral In Full Or Partial Satisfaction Of Obligation; Compulsory Disposition Of Collateral
  (a) Except as otherwise provided in Subsection (g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only ...
• Texas Business & Commerce Code Section 9.621 - Notification Of Proposal To Accept Collateral
  (a) A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to: (1) ...
• Texas Business & Commerce Code Section 9.622 - Effect Of Acceptance Of Collateral
  (a) A secured party's acceptance of collateral in full or partial satisfaction of the obligation it secures: (1) discharges the obligation to the extent consented ...
• Texas Business & Commerce Code Section 9.623 - Right To Redeem Collateral
  (a) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral. (b) To redeem collateral, a person shall tender: (1) ...
• Texas Business & Commerce Code Section 9.624 - Waiver
  (a) A debtor or secondary obligor may waive the right to notification of disposition of collateral under Section 9.611 only by an agreement to that ...
• Texas Business & Commerce Code Section 9.625 - Remedies For Secured Party's Failure To Comply With Chapter
  (a) If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement, ...
• Texas Business & Commerce Code Section 9.626 - Action In Which Deficiency Or Surplus Is In Issue
  (a) In an action arising from a transaction, other than a consumer transaction, in which the amount of a deficiency or surplus is in issue, ...
• Texas Business & Commerce Code Section 9.627 - Determination Of Whether Conduct Was Commercially Reasonable
  (a) The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a ...
• Texas Business & Commerce Code Section 9.628 - Nonliability And Limitation On Liability Of Secured Party; Liability Of Secondary Obligor
  (a) Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate ...
• Texas Business & Commerce Code Section 9.701 - Effective Date Of Revisions
  (a) In this subchapter, "revision" means the revision of this chapter enacted by the 76th Legislature, Regular Session, 1999. (b) The revision takes effect July ...
• Texas Business & Commerce Code Section 9.702 - Saving Clause
  (a) Except as otherwise provided in this subchapter, this chapter, as revised, applies to a transaction or lien within its scope, even if the transaction ...
• Texas Business & Commerce Code Section 9.703 - Security Interest Perfected Before Effective Date
  (a) A security interest that is enforceable immediately before the effective date of the revision and would have priority over the rights of a person ...
• Texas Business & Commerce Code Section 9.704 - Security Interest Unperfected Before Effective Date
  A security interest that is enforceable immediately before the revision takes effect but that would be subordinate to the rights of a person that becomes ...
• Texas Business & Commerce Code Section 9.705 - Effectiveness Of Action Taken Before Effective Date
  (a) If action, other than the filing of a financing statement, is taken before the revision takes effect and the action would have resulted in ...
• Texas Business & Commerce Code Section 9.706 - When Initial Financing Statement Suffices To Continue Effectiveness Of Financing Statement
  (a) The filing of an initial financing statement in the office specified in Section 9.501, as revised, continues the effectiveness of a financing statement filed ...
• Texas Business & Commerce Code Section 9.707 - Amendment Of Pre-Effective-Date Financing Statement
  (a) In this section, "pre-effective-date financing statement" means a financing statement filed before the revision takes effect. (b) After the revision takes effect, a person ...
• Texas Business & Commerce Code Section 9.708 - Persons Entitled To File Initial Financing Statement Or Continuation Statement
  A person may file an initial financing statement or a continuation statement under this subchapter if: (1) the secured party of record authorizes the filing; ...
• Texas Business & Commerce Code Section 9.709 - Priority
  (a) This chapter, as revised, determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before the ...
• Texas Business & Commerce Code Section 11.101 - Effective Date
  This Act (referred to as the "1973 amendments") takes effect on January 1, 1974. Added by Acts 1973, 63rd Leg., p. 1030, ch. 400, § ...
• Texas Business & Commerce Code Section 11.102 - Preservation Of Old Transition Provisions
  The provisions of Article 10 of the Uniform Commercial Code, as amended, shall continue to apply to the amended code, and for this purpose this ...
• Texas Business & Commerce Code Section 11.103 - Transition To 1973 Amendments--General Rule
  Transactions validly entered into after June 30, 1966, and before January 1, 1974, and which were subject to the provisions of this title and which ...
• Texas Business & Commerce Code Section 11.104 - Transition Provision On Change Of Requirement Of Filing
  A security interest for the perfection of which filing or the taking of possession was required under this code and which attached prior to January ...
• Texas Business & Commerce Code Section 11.105 - Transition Provision On Change Of Place Of Filing
  (a) A financing statement or continuation statement filed prior to January 1, 1974, which shall not have lapsed prior to January 1, 1974, shall remain ...
• Texas Business & Commerce Code Section 11.106 - Required Refilings
  (a) If a security interest is perfected or has priority when the 1973 amendments take effect as to all persons or as to certain persons ...
• Texas Business & Commerce Code Section 11.107 - Transition Provisions As To Priorities
  Except as otherwise provided in this chapter, this title as it existed before the 1973 amendments took effect shall apply to any questions of priority ...
• Texas Business & Commerce Code Section 11.108 - Presumption That Rule Of Law Continues Unchanged
  Unless a change in law has clearly been made, the provisions of this title with 1973, 1975, and 1977 amendments shall be deemed declaratory of ...
• Texas Business & Commerce Code Section 2A.101 - Short Title
  This chapter shall be known and may be cited as the Uniform Commercial Code--Leases. Added by Acts 1993, 73rd Leg., ch. 570, § 1, eff. ...
• Texas Business & Commerce Code Section 2A.102 - Scope
  This chapter applies to any transaction, regardless of form, that creates a lease of goods. This chapter does not apply to a transaction that creates ...
• Texas Business & Commerce Code Section 2A.103 - Definitions And Index Of Definitions
  (a) In this chapter unless the context otherwise requires: (1) "Buyer in the ordinary course of business" means a person who in good faith and ...
• Texas Business & Commerce Code Section 2A.104 - Leases Subject To Other Laws
  (a) A lease, although subject to this chapter, is also subject to any applicable: (1) certificate of title statute of this state, including Chapter 501, ...
• Texas Business & Commerce Code Section 2A.105 - Territorial Application Of Chapter To Goods Covered By Certificate Of Title
  Subject to the provisions of Sections 2A.304(c) and 2A.305(c), with respect to goods covered by a certificate of title issued under a statute of this ...
• Texas Business & Commerce Code Section 2A.106 - Limitation On Power Of Parties To Consumer Lease To Choose Applicable Law And Judicial Forum
  (a) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee ...
• Texas Business & Commerce Code Section 2A.107 - Waiver Or Renunciation Of Claim Or Right After Default
  A claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by ...
• Texas Business & Commerce Code Section 2A.108 - Unconscionability
  (a) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at ...
• Texas Business & Commerce Code Section 2A.109 - Option To Accelerate At Will
  (a) A term providing that one party or the party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at ...
• Texas Business & Commerce Code Section 2A.201 - Statute Of Frauds
  (a) A lease contract is not enforceable by way of action or defense unless: (1) the total payments to be made under the lease contract, ...
• Texas Business & Commerce Code Section 2A.202 - Final Written Expression; Parol Or Extrinsic Evidence
  Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties ...
• Texas Business & Commerce Code Section 2A.203 - Seals Inoperative
  The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the ...
• Texas Business & Commerce Code Section 2A.204 - Formation In General
  (a) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a ...
• Texas Business & Commerce Code Section 2A.205 - Firm Offers
  An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will ...
• Texas Business & Commerce Code Section 2A.206 - Offer And Acceptance In Formation Of Lease Contract
  (a) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any ...
• Texas Business & Commerce Code Section 2A.208 - Modification, Rescission And Waiver
  (a) An agreement modifying a lease contract needs no consideration to be binding. (b) A signed lease agreement that excludes modification or rescission except by ...
• Texas Business & Commerce Code Section 2A.209 - Lessee Under Finance Lease As Beneficiary Of Supply Contract
  (a) The benefit of a supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of ...
• Texas Business & Commerce Code Section 2A.210 - Express Warranties
  (a) Express warranties by the lessor are created as follows: (1) Any affirmation of fact or promise made by the lessor to the lessee that ...
• Texas Business & Commerce Code Section 2A.211 - Warranties Against Interference And Against Infringement; Lessee's Obligation Against Infringement
  (a) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods ...
• Texas Business & Commerce Code Section 2A.212 - Implied Warranty Of Merchantability
  (a) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a ...
• Texas Business & Commerce Code Section 2A.213 - Implied Warranty Of Fitness For Particular Purpose
  Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for ...
• Texas Business & Commerce Code Section 2A.214 - Exclusion Or Modification Of Warranties
  (a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be ...
• Texas Business & Commerce Code Section 2A.215 - Accumulation And Conflict Of Warranties Express Or Implied
  Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of ...
• Texas Business & Commerce Code Section 2A.216 - Third-Party Beneficiaries Of Express And Implied Warranties
  This chapter does not provide whether anyone other than a lessee may take advantage of an express or implied warranty of quality made to the ...
• Texas Business & Commerce Code Section 2A.217 - Identification
  Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by ...
• Texas Business & Commerce Code Section 2A.218 - Insurance And Proceeds
  (a) A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the ...
• Texas Business & Commerce Code Section 2A.219 - Risk Of Loss
  (a) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In ...
• Texas Business & Commerce Code Section 2A.220 - Effect Of Default On Risk Of Loss
  (a) Where risk of loss is to pass to the lessee and the time of passage is not stated: (1) if a tender or delivery ...
• Texas Business & Commerce Code Section 2A.221 - Casualty To Identified Goods
  If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor ...
• Texas Business & Commerce Code Section 2A.301 - Enforceability Of Lease Contract
  Except as otherwise provided in this title, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the ...
• Texas Business & Commerce Code Section 2A.302 - Title To And Possession Of Goods
  Except as otherwise provided in this title, each provision of this chapter applies whether the lessor or a third party has title to the goods, ...
• Texas Business & Commerce Code Section 2A.303 - Alienability Of Party's Interest Under Lease Contract Or Of Lessor's Residual Interest In Goods; Delegation Of Performance; Transfer Of Rights
  (a) As used in this section, "creation of a security interest" includes the sale of a lease contract that is subject to Chapter 9 of ...
• Texas Business & Commerce Code Section 2A.304 - Subsequent Lease Of Goods By Lessor
  (a) Subject to Section 2A.303 of this chapter, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent ...
• Texas Business & Commerce Code Section 2A.305 - Sale Or Sublease Of Goods By Lessee
  (a) Subject to the provisions of Section 2A.303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the ...
• Texas Business & Commerce Code Section 2A.306 - Priority Of Certain Liens Arising By Operation Of Law
  If a person in the ordinary course of the person's business furnishes services or materials with respect to goods subject to a lease contract, a ...
• Texas Business & Commerce Code Section 2A.307 - Priority Of Liens Arising By Attachment Or Levy On, Security Interests In, And Other Claims To Goods
  (a) Except as otherwise provided in Section 2A.306, a creditor of a lessee takes subject to the lease contract. (b) Except as otherwise provided in ...
• Texas Business & Commerce Code Section 2A.308 - Special Rights Of Creditors
  (a) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against ...
• Texas Business & Commerce Code Section 2A.309 - Lessor's And Lessee's Rights When Goods Become Fixtures
  (a) In this section: (1) goods are "fixtures" when they become so related to particular real estate that an interest in them arises under real ...
• Texas Business & Commerce Code Section 2A.310 - Lessor's And Lessee's Rights When Goods Become Accessions
  (a) Goods are "accessions" when they are installed in or affixed to other goods. (b) The lessor's residual interest in the accessions and the interest ...
• Texas Business & Commerce Code Section 2A.401 - Insecurity: Adequate Assurance Of Performance
  (a) A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. (b) If reasonable ...
• Texas Business & Commerce Code Section 2A.402 - Anticipatory Repudiation
  If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will ...
• Texas Business & Commerce Code Section 2A.403 - Retraction Of Anticipatory Repudiation
  (a) Until the repudiating party's next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has canceled ...
• Texas Business & Commerce Code Section 2A.404 - Substituted Performance
  (a) If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of ...
• Texas Business & Commerce Code Section 2A.405 - Excused Performance
  Subject to Section 2A.404 on substituted performance, the following rules apply: (1) Delay in delivery or nondelivery in whole or in part by a lessor ...
• Texas Business & Commerce Code Section 2A.406 - Procedure On Excused Performance
  (a) If the lessee receives notification of a material or indefinite delay or an allocation justified under Section 2A.405, the lessee may by written notification ...
• Texas Business & Commerce Code Section 2A.407 - Irrevocable Promises: Finance Leases
  (a) In the case of a finance lease that is not a consumer lease, a term in the lease agreement that provides that the lessee's ...
• Texas Business & Commerce Code Section 2A.501 - Default: Procedure
  (a) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this chapter. (b) If ...
• Texas Business & Commerce Code Section 2A.502 - Notice After Default
  Except as provided by this chapter or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice ...
• Texas Business & Commerce Code Section 2A.503 - Modification Or Impairment Of Rights And Remedies
  (a) Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default in addition to or in substitution for ...
• Texas Business & Commerce Code Section 2A.504 - Liquidation Of Damages
  (a) Damages payable by either party for default or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or ...
• Texas Business & Commerce Code Section 2A.505 - Cancellation And Termination And Effect Of Cancellation, Termination, Rescission, Or Fraud On Rights And Remedies
  (a) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default ...
• Texas Business & Commerce Code Section 2A.506 - Statute Of Limitations
  (a) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within four years after the cause of ...
• Texas Business & Commerce Code Section 2A.507 - Proof Of Market Rent
  (a) Damages based on market rent (Section 2A.519 or 2A.528) are determined according to the rent for the use of the goods concerned for a ...
• Texas Business & Commerce Code Section 2A.508 - Lessee's Remedies
  (a) If a lessor fails to deliver the goods in conformity to the lease contract (Section 2A.509) or repudiates the lease contract (Section 2A.402), or ...
• Texas Business & Commerce Code Section 2A.509 - Lessee's Rights On Improper Delivery; Rightful Rejection
  (a) Subject to the provisions of Section 2A.510 on default in installment lease contracts, if the goods or the tender or delivery fail in any ...
• Texas Business & Commerce Code Section 2A.510 - Installment Lease Contracts: Rejection And Default
  (a) Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery ...
• Texas Business & Commerce Code Section 2A.511 - Merchant Lessee's Duties As To Rightfully Rejected Goods
  Subject to any security interest of a lessee (Section 2A.508(e)), if a lessor or a supplier has no agent or place of business at the ...
• Texas Business & Commerce Code Section 2A.512 - Lessee's Duties As To Rightfully Rejected Goods
  (a) Except as otherwise provided with respect to goods that threaten to decline in value speedily (Section 2A.511) and subject to any security interest of ...
• Texas Business & Commerce Code Section 2A.513 - Cure By Lessor Of Improper Tender Or Delivery; Replacement
  (a) If any tender or delivery by the lessor or the supplier is rejected because nonconforming and the time for performance has not yet expired, ...
• Texas Business & Commerce Code Section 2A.514 - Waiver Of Lessee's Objections
  (a) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the ...
• Texas Business & Commerce Code Section 2A.515 - Acceptance Of Goods
  (a) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and: (1) the lessee signifies or acts with ...
• Texas Business & Commerce Code Section 2A.516 - Effect Of Acceptance Of Goods; Notice Of Default; Burden Of Establishing Default After Acceptance; Notice Of Claim Or Litigation To Person Answerable Over
  (a) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not ...
• Texas Business & Commerce Code Section 2A.517 - Revocation Of Acceptance Of Goods
  (a) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has ...
• Texas Business & Commerce Code Section 2A.518 - Cover; Substitute Goods
  (a) After default by a lessor under the lease contract of the type described by Section 2A.508(a), or, if agreed, after other default by the ...
• Texas Business & Commerce Code Section 2A.519 - Lessee's Damages For Nondelivery, Repudiation, Default, And Breach Of Warranty In Regard To Accepted Goods
  (a) Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 2A.504) or otherwise determined pursuant to agreement of the parties ...
• Texas Business & Commerce Code Section 2A.520 - Lessee's Incidental And Consequential Damages
  (a) Incidental damages resulting from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or ...
• Texas Business & Commerce Code Section 2A.521 - Lessee's Right To Specific Performance, Replevin, And Other Remedies
  (a) Specific performance may be decreed if the goods are unique or in other proper circumstances. (b) A decree for specific performance may include the ...
• Texas Business & Commerce Code Section 2A.522 - Lessee's Right To Goods On Lessor's Insolvency
  (a) Subject to Subsection (b) and even though the goods have not been shipped, a lessee who has paid a part or all of the ...
• Texas Business & Commerce Code Section 2A.523 - Lessor's Remedies
  (a) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a ...
• Texas Business & Commerce Code Section 2A.524 - Lessor's Right To Identify Goods To Lease Contract
  (a) A lessor aggrieved under Section 2A.523(a) may: (1) identify to the lease contract conforming goods not already identified, if at the time the lessor ...
• Texas Business & Commerce Code Section 2A.525 - Lessor's Right To Possession Of Goods
  (a) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods. (b) After a default by the lessee ...
• Texas Business & Commerce Code Section 2A.526 - Lessor's Stoppage Of Delivery In Transit Or Otherwise
  (a) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be ...
• Texas Business & Commerce Code Section 2A.527 - Lessor's Rights To Dispose Of Goods
  (a) After a default by a lessee under the lease contract of the type described in Section 2A.523(a) or (c)(1) or after the lessor refuses ...
• Texas Business & Commerce Code Section 2A.528 - Lessor's Damages For Nonacceptance, Failure To Pay, Repudiation, Or Other Default
  (a) Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 2A.504) or otherwise determined pursuant to agreement of the parties ...
• Texas Business & Commerce Code Section 2A.529 - Lessor's Action For The Rent
  (a) After default by the lessee under the lease contract of the type described in Section 2A.523(a) or (c)(1), or, if agreed, after other default ...
• Texas Business & Commerce Code Section 2A.530 - Lessor's Incidental Damages
  Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of ...
• Texas Business & Commerce Code Section 2A.531 - Standing To Sue Third Parties For Injury To Goods
  (a) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party ...
• Texas Business & Commerce Code Section 2A.532 - Lessor's Rights To Residual Interest
  In addition to any other recovery permitted by this chapter or other law, the lessor may recover from the lessee an amount that will fully ...
• Texas Business & Commerce Code Section 4A.101 - Short Title
  This chapter may be cited as Uniform Commercial Code--Funds Transfers. Added by Acts 1993, 73rd Leg., ch. 570, § 7, eff. Sept. 1, 1993. ...
• Texas Business & Commerce Code Section 4A.102 - Subject Matter
  Except as otherwise provided in Section 4A.108, this chapter applies to funds transfers defined in Section 4A.104. Added by Acts 1993, 73rd Leg., ch. 570, ...
• Texas Business & Commerce Code Section 4A.103 - Payment Order--Definitions
  (a) In this chapter: (1) "Payment order" means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, ...
• Texas Business & Commerce Code Section 4A.104 - Funds Transfer--Definitions
  In this chapter: (1) "Funds transfer" means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to ...
• Texas Business & Commerce Code Section 4A.105 - Other Definitions
  (a) In this chapter: (1) "Authorized account" means a deposit account of a customer in a bank designated by the customer as a source of ...
• Texas Business & Commerce Code Section 4A.106 - Time Payment Order Is Received
  (a) The time of receipt of a payment order or communication cancelling or amending a payment order is determined by the rules applicable to receipt ...
• Texas Business & Commerce Code Section 4A.107 - Federal Reserve Regulations And Operating Circulars
  Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this ...
• Texas Business & Commerce Code Section 4A.108 - Exclusion Of Consumer Transactions Governed By Federal Law
  This chapter does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act, 15 U.S.C. § 1693 ...
• Texas Business & Commerce Code Section 4A.201 - Security Procedure
  "Security procedure" means a procedure established by an agreement between a customer and a receiving bank for the purpose of (i) verifying that a payment ...
• Texas Business & Commerce Code Section 4A.202 - Authorized And Verified Payment Orders
  (a) A payment order received by the receiving bank is the authorized order of the person identified as sender if that person authorized the order ...
• Texas Business & Commerce Code Section 4A.203 - Unenforceability Of Certain Verified Payment Orders
  (a) If an accepted payment order is not, under Section 4A.202(a), an authorized order of a customer identified as sender, but is effective as an ...
• Texas Business & Commerce Code Section 4A.204 - Refund Of Payment And Duty Of Customer To Report With Respect To Unauthorized Payment Order
  (a) If a receiving bank accepts a payment order issued in the name of its customer as sender which is (i) not authorized and not ...
• Texas Business & Commerce Code Section 4A.205 - Erroneous Payment Orders
  (a) If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order (i) erroneously instructed ...
• Texas Business & Commerce Code Section 4A.206 - Transmission Of Payment Order Through Funds Transfer Or Other Communication System
  (a) If a payment order addressed to a receiving bank is transmitted to a funds transfer system or other third-party communication system for transmittal to ...
• Texas Business & Commerce Code Section 4A.207 - Misdescription Of Beneficiary
  (a) Subject to Subsection (b), if, in a payment order received by the beneficiary's bank, the name, bank account number, or other identification of the ...
• Texas Business & Commerce Code Section 4A.208 - Misdescription Of Intermediary Bank Or Beneficiary's Bank
  (a) This subsection applies to a payment order identifying an intermediary bank or the beneficiary's bank only by an identifying number. (1) The receiving bank ...
• Texas Business & Commerce Code Section 4A.209 - Acceptance Of Payment Order
  (a) Subject to Subsection (d), a receiving bank other than the beneficiary's bank accepts a payment order when it executes the order. (b) Subject to ...
• Texas Business & Commerce Code Section 4A.210 - Rejection Of Payment Order
  (a) A payment order is rejected by the receiving bank by a notice of rejection transmitted to the sender orally, electronically, or in writing. A ...
• Texas Business & Commerce Code Section 4A.211 - Cancellation And Amendment Of Payment Order
  (a) A communication of the sender of a payment order cancelling or amending the order may be transmitted to the receiving bank orally, electronically, or ...
• Texas Business & Commerce Code Section 4A.212 - Liability And Duty Of Receiving Bank Regarding Unaccepted Payment Order
  If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach ...
• Texas Business & Commerce Code Section 4A.301 - Execution And Execution Date
  (a) A payment order is "executed" by the receiving bank when it issues a payment order intended to carry out the payment order received by ...
• Texas Business & Commerce Code Section 4A.302 - Obligations Of Receiving Bank In Execution Of Payment Order
  (a) Except as provided in Subsections (b) through (d), if the receiving bank accepts a payment order pursuant to Section 4A.209(a), the bank has the ...
• Texas Business & Commerce Code Section 4A.303 - Erroneous Execution Of Payment Order
  (a) A receiving bank that (i) executes the payment order of the sender by issuing a payment order in an amount greater than the amount ...
• Texas Business & Commerce Code Section 4A.304 - Duty Of Sender To Report Erroneously Executed Payment Order
  If the sender of a payment order that is erroneously executed as stated in Section 4A.303 receives notification from the receiving bank that the order ...
• Texas Business & Commerce Code Section 4A.305 - Liability For Late Or Improper Execution Or Failure To Execute Payment Order
  (a) If a funds transfer is completed but execution of a payment order by the receiving bank in breach of Section 4A.302 of this chapter ...
• Texas Business & Commerce Code Section 4A.401 - Payment Date
  "Payment date" of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiary's bank. ...
• Texas Business & Commerce Code Section 4A.402 - Obligation Of Sender To Pay Receiving Bank
  (a) This section is subject to Sections 4A.205 and 4A.207. (b) With respect to a payment order issued to the beneficiary's bank, acceptance of the ...
• Texas Business & Commerce Code Section 4A.403 - Payment By Sender To Receiving Bank
  (a) Payment of the sender's obligation under Section 4A.402 to pay the receiving bank occurs as follows: (1) If the sender is a bank, payment ...
• Texas Business & Commerce Code Section 4A.404 - Obligation Of Beneficiary's Bank To Pay And Give Notice To Beneficiary
  (a) Subject to Sections 4A.211(e) and 4A.405(d) and (e), if a beneficiary's bank accepts a payment order, the bank is obliged to pay the amount ...
• Texas Business & Commerce Code Section 4A.405 - Payment By Beneficiary's Bank To Beneficiary
  (a) If the beneficiary's bank credits an account of the beneficiary of a payment order, payment of the bank's obligation under Section 4A.404(a) occurs when ...
• Texas Business & Commerce Code Section 4A.406 - Payment By Originator To Beneficiary; Discharge Of Underlying Obligation
  (a) Subject to Sections 4A.211(e) and 4A.405(d) and (e), the originator of a funds transfer pays the beneficiary of the originator's payment order: (1) at ...
• Texas Business & Commerce Code Section 4A.501 - Variation By Agreement And Effect Of Funds Transfer System Rule
  (a) Except as otherwise provided in this chapter, the rights and obligations of a party to a funds transfer may be varied by agreement of ...
• Texas Business & Commerce Code Section 4A.502 - Creditor Process Served On Receiving Bank; Setoff By Beneficiary's Bank
  (a) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of ...
• Texas Business & Commerce Code Section 4A.503 - Injunction Or Restraining Order With Respect To Funds Transfer
  For proper cause and in compliance with applicable law, a court may restrain (i) a person from issuing a payment order to initiate a funds ...
• Texas Business & Commerce Code Section 4A.504 - Order In Which Items And Payment Orders May Be Charged To Account; Order Of Withdrawals From Account
  (a) If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that ...
• Texas Business & Commerce Code Section 4A.505 - Preclusion Of Objection To Debit Of Customer's Account
  If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the customer as sender ...
• Texas Business & Commerce Code Section 4A.506 - Rate Of Interest
  (a) If, under this chapter, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount ...
• Texas Business & Commerce Code Section 4A.507 - Choice Of Law
  (a) The following rules apply unless the affected parties otherwise agree or Subsection (c) applies: (1) The rights and obligations between the sender of a ...
• Texas Business & Commerce Code Section 15.01 - Title Of Act
  This Act shall be known and may be cited as the Texas Free Enterprise and Antitrust Act of 1983. Amended by Acts 1983, 68th Leg., ...
• Texas Business & Commerce Code Section 15.02 - Applicability Of Provisions
  (a) The provisions of this Act are cumulative of each other and of any other provision of law of this state in effect relating to ...
• Texas Business & Commerce Code Section 15.03 - Definitions
  Except as otherwise provided in Subsection (a) of Section 15.10 of this Act, for purposes of this Act: (1) The term "attorney general" means the ...
• Texas Business & Commerce Code Section 15.04 - Purpose And Construction
  The purpose of this Act is to maintain and promote economic competition in trade and commerce occurring wholly or partly within the State of Texas ...
• Texas Business & Commerce Code Section 15.05 - Unlawful Practices
  (a) Every contract, combination, or conspiracy in restraint of trade or commerce is unlawful. (b) It is unlawful for any person to monopolize, attempt to ...
• Texas Business & Commerce Code Section 15.10 - Civil Investigative Demands
  (a) Definitions. For purposes of this section: (1) The terms "antitrust investigation" and "investigation" mean any inquiry conducted by the attorney general for the purpose ...
• Texas Business & Commerce Code Section 15.11 - Party To Suit May Subpoena Witness
  (a) A party to a suit brought to enforce any of the prohibitions in Section 15.05 of this Act or to enforce the laws conserving ...
• Texas Business & Commerce Code Section 15.12 - Additional Procedures
  In addition to the procedures set forth in this subchapter, the attorney general and any other party to a suit brought by the attorney general ...
• Texas Business & Commerce Code Section 15.13 - Immunity From Criminal Prosecution
  (a) Application by Attorney General. If a person upon whom an investigative demand or request for discovery has been properly served pursuant to Section 15.10, ...
• Texas Business & Commerce Code Section 15.16 - Declaratory Judgment Action
  (a) A person (other than a foreign corporation not having a permit or certificate of authority to do business in this state) uncertain of whether ...
• Texas Business & Commerce Code Section 15.20 - Civil Suits By The State
  (a) Suit to Collect Civil Fine. The attorney general may file suit in district court in Travis County or in any county in the State ...
• Texas Business & Commerce Code Section 15.21 - Suits By Injured Persons Or Governmental Entities
  (a) Suit to Recover Damages. (1) Any person or governmental entity, including the State of Texas and any of its political subdivisions or tax-supported institutions, ...
• Texas Business & Commerce Code Section 15.22 - Criminal Suits
  (a) Every person, other than a municipal corporation, who acts in violation of any of the prohibitions in Subsection (a) or (b) of Section 15.05 ...
• Texas Business & Commerce Code Section 15.24 - Judgment In Favor Of The State Evidence In Action
  A final judgment rendered in an action brought under Section 15.20 or 15.22 of this Act to the effect that a defendant or defendants have ...
• Texas Business & Commerce Code Section 15.25 - Limitation Of Actions
  (a) Any suit to recover damages under Section 15.21 of this Act is barred unless filed within four years after the cause of action accrued ...
• Texas Business & Commerce Code Section 15.26 - Jurisdiction
  Whenever any suit or petition is filed in the district court in any county in the State of Texas as provided for in Section 15.10, ...
• Texas Business & Commerce Code Section 15.40 - Authority, Powers, And Duties Of Attorney General
  (a) The attorney general may bring an action on behalf of the state or of any of its political subdivisions or tax supported institutions to ...
• Texas Business & Commerce Code Section 15.50 - Criteria For Enforceability Of Covenants Not To Compete
  (a) Notwithstanding Section 15.05 of this code, and subject to any applicable provision of Subsection (b), a covenant not to compete is enforceable if it ...
• Texas Business & Commerce Code Section 15.51 - Procedures And Remedies In Actions To Enforce Covenants Not To Compete
  (a) Except as provided in Subsection (c) of this section, a court may award the promisee under a covenant not to compete damages, injunctive relief, ...
• Texas Business & Commerce Code Section 15.52 - Preemption Of Other Law
  The criteria for enforceability of a covenant not to compete provided by Section 15.50 of this code and the procedures and remedies in an action ...
• Texas Business & Commerce Code Section 16.01 - Definitions
  (a) In this chapter, unless the context requires a different definition, (1) "applicant" means the person applying for registration of a mark under this chapter ...
• Texas Business & Commerce Code Section 16.02 - When Mark Considered To Be Used
  (a) A mark is considered to be used in this state in connection with goods when (1) it is placed on (A) the goods; (B) ...
• Texas Business & Commerce Code Section 16.08 - Registrable Marks
  (a) A mark in actual use in connection with the applicant's goods or services, which distinguishes his goods or services from those of others, is ...
• Texas Business & Commerce Code Section 16.09 - Classification Of Goods And Services
  (a) The secretary of state shall adopt rules establishing a classification of goods and services for the convenient administration of this chapter. The classifications established ...
• Texas Business & Commerce Code Section 16.10 - Application For Registration
  (a) Subject to the limitations prescribed by this chapter, a person may file an application to register a mark in the office of the secretary ...
• Texas Business & Commerce Code Section 16.105 - Examination Of Application
  (a) On the filing of an application for registration and payment of the application fee, the secretary of state shall examine the application for compliance ...
• Texas Business & Commerce Code Section 16.106 - Amendment To Application
  (a) The applicant may make an amendment to the application as reasonably requested by the secretary of state or in response to a rejection or ...
• Texas Business & Commerce Code Section 16.107 - Disclaimer Of Unregistrable Component
  The secretary of state may require the applicant to disclaim or the applicant may voluntarily disclaim an unregistrable component of a mark that is otherwise ...
• Texas Business & Commerce Code Section 16.108 - Concurrent Applications For Same Or Similar Mark
  (a) When concurrently processing applications for the same or confusingly similar marks used in connection with the same or similar goods or services, the secretary ...
• Texas Business & Commerce Code Section 16.109 - Denial Of Registration
  (a) If the secretary of state finds that the applicant is not entitled to register the mark, the secretary of state shall: (1) notify the ...
• Texas Business & Commerce Code Section 16.11 - Registration By Secretary Of State
  If the application satisfies the requirements of this chapter, and the application fee has been paid, the secretary of state shall: (1) endorse on the ...
• Texas Business & Commerce Code Section 16.12 - Term Of Registration
  (a) The registration of a mark under this chapter is effective for a term of 10 years from the date of registration. (b) Repealed by ...
• Texas Business & Commerce Code Section 16.13 - Notice Of Expiration Of Registration
  (a) During the period beginning 12 months and ending 6 months before the day a registration expires, the secretary of state shall, by writing to ...
• Texas Business & Commerce Code Section 16.14 - Renewal Of Registration And Reregistration
  (a) The registration of a mark under this chapter may be renewed for an additional 10-year term by filing a renewal application within six months ...
• Texas Business & Commerce Code Section 16.15 - Record, Notice, And Proof Of Registration
  (a) The secretary of state shall keep for public examination a record of all: (1) marks registered, reregistered, or renewed under this chapter; (2) assignments ...
• Texas Business & Commerce Code Section 16.16 - Cancellation Of Registration
  (a) The secretary of state shall cancel (1) all registrations in force before May 2, 1962, which are more than 10 years old and which ...
• Texas Business & Commerce Code Section 16.17 - Assignment Of Mark And Registration
  (a) A mark and its registration under this chapter are assignable with the goodwill of the business in which the mark is used, or with ...
• Texas Business & Commerce Code Section 16.18 - Recordation Of Assignment And Its Effect
  (a) An assignment made under Section 16.17 of this code may be recorded with the secretary of state by (1) filing with him (A) the ...
• Texas Business & Commerce Code Section 16.19 - Recordation Of Other Instruments
  (a) An instrument that is related to the ownership of a mark registered under this subchapter, including articles of merger or conversion or a document ...
• Texas Business & Commerce Code Section 16.20 - Transfer Of Mark; Change Of Registrant's Name; Change Of Address
  (a) If ownership of a registered mark is transferred or a registrant's name is changed during the unexpired term of a registration, a new certificate ...
• Texas Business & Commerce Code Section 16.21 - Powers Of Secretary Of State
  (a) The secretary of state may adopt rules relating to the filing of documents under this subchapter. (b) The secretary of state may prescribe forms ...
• Texas Business & Commerce Code Section 16.22 - Electronic Filings And Reproductions
  (a) An application for renewal of trademark registration, an assignment under Section 16.17, or a transfer of ownership or change of registrant name under Section ...
• Texas Business & Commerce Code Section 16.24 - Review Of Secretary Of State's Decisions
  (a) If the secretary of state takes final action refusing to register a mark under Section 16.109 or to renew the registration of a mark ...
• Texas Business & Commerce Code Section 16.25 - Suit To Cancel Registration
  (a) A person who believes that he is or will be damaged by a registration under this chapter may sue to cancel the registration in ...
• Texas Business & Commerce Code Section 16.26 - Infringement Of Registered Mark
  (a) Subject to Section 16.27 of this code, a person commits an infringement if, without the registrant's consent, he (1) uses anywhere in this state ...
• Texas Business & Commerce Code Section 16.27 - Exceptions To Liability For Infringement
  (a) No registration under this chapter adversely affects common law rights acquired prior to registration under this chapter. However, during any period when the registration ...
• Texas Business & Commerce Code Section 16.28 - Procuring Application Or Registration By Fraud
  (a) No person may procure for himself or another the filing of an application or the registration of a mark under this chapter by knowingly ...
• Texas Business & Commerce Code Section 16.29 - Injury To Business Reputation Or Trade Name Or Mark
  A person may bring an action to enjoin an act likely to injure a business reputation or to dilute the distinctive quality of a mark ...
• Texas Business & Commerce Code Section 16.30 - Olympic Symbols
  (a) Without the permission of the United States Olympic Committee, a person may not, for the purpose of trade, to induce the sale of goods ...
• Texas Business & Commerce Code Section 16.31 - Criminal Penalty
  (a) A person commits an offense if the person knowingly or intentionally signs and presents or causes to be presented for filing a document that ...
• Texas Business & Commerce Code Section 17.56 - Venue
  Text of section as amended by Acts 1995, 74th Leg., ch. 138, § 7. Except as provided by Article 5.06-1(8), Insurance Code, an action ...
• Texas Business & Commerce Code Section 17.56 - Venue
  Text of section as amended by Acts 1995, 74th Leg., ch. 414, § 9. An action brought under this subchapter may be brought: (1) ...
• Texas Business & Commerce Code Section 17.565 - Limitation
  All actions brought under this subchapter must be commenced within two years after the date on which the false, misleading, or deceptive act or practice ...
• Texas Business & Commerce Code Section 17.57 - Subpoenas
  The clerk of a district court at the request of any party to a suit pending in his court which is brought under this subchapter ...
• Texas Business & Commerce Code Section 17.58 - Voluntary Compliance
  (a) In the administration of this subchapter the consumer protection division may accept assurance of voluntary compliance with respect to any act or practice which ...
• Texas Business & Commerce Code Section 17.59 - Post Judgment Relief
  (a) If a money judgment entered under this subchapter is unsatisfied 30 days after it becomes final and if the prevailing party has made a ...
• Texas Business & Commerce Code Section 17.60 - Reports And Examinations
  Whenever the consumer protection division has reason to believe that a person is engaging in, has engaged in, or is about to engage in any ...
• Texas Business & Commerce Code Section 17.61 - Civil Investigative Demand
  (a) Whenever the consumer protection division believes that any person may be in possession, custody, or control of the original copy of any documentary material ...
• Texas Business & Commerce Code Section 17.62 - Penalties
  (a) Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with Section 17.60 or 17.61 of this subchapter, ...
• Texas Business & Commerce Code Section 17.63 - Application
  The provisions of this subchapter apply only to acts or practices occurring after the effective date of this subchapter, except a right of action or ...
• Texas Business & Commerce Code Section 17.81 - Definition
  In this chapter "going out of business sale" means an offer to sell to the public, or the sale to the public of, goods, wares, ...
• Texas Business & Commerce Code Section 17.82 - Prohibited Conduct
  (a) A person may not conduct a sale advertised with the phrase "going out of business," "closing out," "shutting doors forever," or "bankruptcy sale"; the ...
• Texas Business & Commerce Code Section 17.83 - Original Inventory
  (a) To conduct a going out of business sale, a person must file an original inventory with the chief appraiser of the appraisal district in ...
• Texas Business & Commerce Code Section 17.835 - Notice Of Filing Of Original Inventory
  Not later than the fifth business day after the date on which a person files an original inventory under Section 17.83, the chief appraiser shall ...
• Texas Business & Commerce Code Section 17.84 - Permit
  (a) After receiving an original inventory, the chief appraiser shall issue to the applicant a permit for a going out of business sale. The permit ...
• Texas Business & Commerce Code Section 17.85 - Deadline For Orders
  A person may not sell an item at a going out of business sale if the person ordered the item after the beginning date of ...
• Texas Business & Commerce Code Section 17.86 - Sale Inventory
  Before the end of each 30-day period during the going out of business sale the permit holder shall file with the chief appraiser a sale ...
• Texas Business & Commerce Code Section 17.87 - Final Inventory
  Within 30 days after the day that the going out of business sale ends, the permit holder shall file with the chief appraiser a final ...
• Texas Business & Commerce Code Section 17.88 - Disposition Of Sale Items
  After a permit expires, the permit holder may not sell at retail an item offered at the sale covered by the permit. Added by Acts ...
• Texas Business & Commerce Code Section 17.89 - Later Sales
  A person may not conduct a going out of business sale beginning within two years after the ending date of the most recent going out ...
• Texas Business & Commerce Code Section 17.90 - Form Of Inventory
  An inventory filed under this subchapter must be in the form of a sworn affidavit. Added by Acts 1985, 69th Leg., ch. 172, § 1, ...
• Texas Business & Commerce Code Section 17.91 - Exceptions
  This subchapter does not apply to: (1) a sale conducted by a public officer as part of the officer's official duties; (2) a sale for ...
• Texas Business & Commerce Code Section 17.92 - Penalty
  (a) A person commits an offense if the person: (1) conducts a sale in violation of Section 17.82 of this code; (2) conducts a going ...
• Texas Business & Commerce Code Section 17.93 - Injunction
  The attorney general may bring an action to enjoin a violation of this subchapter. Added by Acts 1985, 69th Leg., ch. 172, § 1, eff. ...
• Texas Business & Commerce Code Section 17.821 - Definitions
  In this chapter: (1) "Kosher food" means food prepared and served in conformity with orthodox Jewish religious requirements. (2) "Label" means a display of written, ...
• Texas Business & Commerce Code Section 17.822 - Meat Labeling
  (a) If a person sells both kosher meat and nonkosher meat in the same retail store, the person shall clearly label each portion of kosher ...
• Texas Business & Commerce Code Section 17.823 - Sale Of Nonkosher Food
  A person commits an offense if the person knowingly or intentionally sells at a restaurant or a retail store a food product that is represented ...
• Texas Business & Commerce Code Section 17.824 - Exception
  It is an exception to the application of Subsection (b) of Section 17.822 or Section 17.823 of this code that a person describes or labels ...
• Texas Business & Commerce Code Section 17.825 - Civil Remedy
  A consumer aggrieved by a violation of this chapter may maintain a cause of action for damages in accordance with Section 17.50 of this code. ...
• Texas Business & Commerce Code Section 17.826 - Penalty
  An offense under this chapter is punishable by the fine imposed for an offense under Subsection (d) of Section 17.12 of this code. Added by ...
• Texas Business & Commerce Code Section 17.851 - Definitions
  In this subchapter: (1) "American Indian" or "Indian" means an individual who is an enrolled member of a federally or state recognized American Indian tribe, ...
• Texas Business & Commerce Code Section 17.852 - Inquiry As To Producer
  (a) Each person selling or offering for sale authentic or nonauthentic Indian arts and crafts shall request the suppliers of those arts and crafts to ...
• Texas Business & Commerce Code Section 17.853 - Unlawful Acts
  A person may not: (1) sell or offer for sale a product represented to be authentic Indian arts and crafts unless the product is in ...
• Texas Business & Commerce Code Section 17.854 - Penalty
  A person who violates this subchapter commits an offense. An offense under this section is a Class B misdemeanor. Added by Acts 1989, 71st Leg., ...
• Texas Business & Commerce Code Section 17.881 - Definitions
  In this subchapter: (1) "Halal," as applied to food, means food prepared and served in conformity with Islamic religious requirements according to a recognized Islamic ...
• Texas Business & Commerce Code Section 17.882 - Meat Labeling
  (a) If a person sells both halal meat and nonhalal meat in the same retail store, the person shall clearly label each portion of halal ...
• Texas Business & Commerce Code Section 17.883 - Sale Of Nonhalal Food
  A person commits an offense if the person knowingly or intentionally sells at a restaurant or a retail store a food product that is represented ...
• Texas Business & Commerce Code Section 17.884 - Civil Remedy
  A consumer aggrieved by a violation of this subchapter may maintain a cause of action for damages in accordance with Section 17.50. Added by Acts ...
• Texas Business & Commerce Code Section 17.885 - Criminal Penalty
  An offense under this subchapter is punishable by the fine imposed for an offense under Section 17.12(d). Added by Acts 2003, 78th Leg., ch. 1013, ...
• Texas Business & Commerce Code Section 19.01 - Definitions
  In this chapter: (1) "Affiliated dealer" means a dealer in which a supplier has an ownership interest. (2) "Controlling interest" means 50 percent or more ...
• Texas Business & Commerce Code Section 19.02 - Actions For A Violation Of Chapter
  A person injured by a violation of this chapter may bring an action for: (1) an injunction to prevent further violation; (2) damages; (3) reasonable ...
• Texas Business & Commerce Code Section 19.03 - Security Interest
  This chapter does not affect a supplier's security interest in inventory. Added by Acts 1991, 72nd Leg., ch. 119, § 1, eff. May 19, 1991. ...
• Texas Business & Commerce Code Section 19.04 - Bulk Transfer Law
  Chapter 6 of this code does not apply to a transaction between a supplier and dealer that is required by this chapter. Added by Acts ...
• Texas Business & Commerce Code Section 19.05 - No Waiver
  An attempted waiver of a provision of this chapter is void. Added by Acts 1991, 72nd Leg., ch. 119, § 1, eff. May 19, 1991. ...
• Texas Business & Commerce Code Section 19.21 - Supplementary Agreement
  A supplier may not coerce or compel a dealer to enter into a written or oral agreement supplementary to an existing dealer agreement with the ...
• Texas Business & Commerce Code Section 19.22 - Coerced Orders, Deliveries, Or Refusals To Purchase
  (a) A supplier may not coerce or compel a dealer to order or accept delivery of equipment with special features or accessories not included in ...
• Texas Business & Commerce Code Section 19.23 - Equipment Represented As Available For Immediate Delivery
  A supplier may not discriminate among dealers in the supplier's delivery, in reasonable quantities and within a reasonable time after receipt of a dealer's order, ...
• Texas Business & Commerce Code Section 19.24 - Late Delivery Of Back-Ordered Seasonal Demand Item
  (a) Unless the supplier notifies a dealer of the status of a back-ordered item before its actual shipment to the dealer, a dealer may reject ...
• Texas Business & Commerce Code Section 19.25 - Sales To Affiliated Dealer
  (a) Except as provided by Subsection (b) of this section, a supplier may not: (1) sell or offer to sell new or unused equipment to ...
• Texas Business & Commerce Code Section 19.26 - Transfer Of Interest In Dealership
  (a) A supplier may not prevent, by contract or otherwise, a dealer or any officer, member, partner, or stockholder of a dealer from selling or ...
• Texas Business & Commerce Code Section 19.27 - Change In Competitive Circumstances
  A supplier may not substantially change the competitive circumstances of a dealer agreement without cause. Added by Acts 1991, 72nd Leg., ch. 119, § 1, ...
• Texas Business & Commerce Code Section 19.28 - Warranty Claim
  (a) This section applies to a warranty claim submitted by a dealer: (1) while the dealer agreement is in effect; or (2) after the termination ...
• Texas Business & Commerce Code Section 19.41 - Cause Required
  A supplier may not terminate, cancel, or fail to renew a dealer agreement without cause. Added by Acts 1991, 72nd Leg., ch. 119, § 1, ...
• Texas Business & Commerce Code Section 19.42 - Renovation Or Additional Space
  A supplier may not require as a condition of renewal or extension of a dealer agreement that a dealer complete substantial renovation of the dealer's ...
• Texas Business & Commerce Code Section 19.43 - Return Of Inventory
  (a) If on termination of a dealer agreement the dealer delivers to the supplier or a person designated by the supplier the inventory that was ...
• Texas Business & Commerce Code Section 19.44 - Return Of Data Processing Equipment And Specialized Repair Tools
  (a) If on termination of a dealer agreement the dealer delivers to the supplier data processing or peripheral equipment, software, or specialized repair tools that ...
• Texas Business & Commerce Code Section 19.45 - Exceptions
  (a) A supplier is not required to repurchase: (1) inventory: (A) that the dealer orders after the dealer receives notice of the termination of the ...
• Texas Business & Commerce Code Section 19.47 - Late Payment
  If a supplier does not make the payments required by this subchapter before the 61st day after the date that the supplier received the final ...
• Texas Business & Commerce Code Section 20.01 - Definitions
  In this chapter: (1) "Adverse action" includes: (A) the denial of, increase in a charge for, or reduction in the amount of insurance for personal, ...
• Texas Business & Commerce Code Section 20.02 - Permissible Purposes; Prohibition; Use Of Consumer's Social Security Number
  (a) A consumer reporting agency may furnish a consumer report only: (1) in response to a court order issued by a court with proper jurisdiction; ...
• Texas Business & Commerce Code Section 20.021 - Check Verification And Check Guarantee Services; Disclosures To Consumers
  (a) In this section, "check verifier" means any business offering check verification or check guarantee services in this state. (b) On request and proper identification ...
• Texas Business & Commerce Code Section 20.03 - Disclosures To Consumers
  (a) On request and proper identification provided by a consumer, a consumer reporting agency shall disclose to the consumer in writing all information pertaining to ...
• Texas Business & Commerce Code Section 20.031 - Requesting Security Alert
  On a request in writing or by telephone and with proper identification provided by a consumer, a consumer reporting agency shall place a security alert ...
• Texas Business & Commerce Code Section 20.032 - Notification Of Security Alert
  A consumer reporting agency shall notify a person who requests a consumer report if a security alert is in effect for the consumer file involved ...
• Texas Business & Commerce Code Section 20.033 - Toll-Free Security Alert Request Number
  A consumer reporting agency shall maintain a toll-free telephone number that is answered at a minimum during normal business hours to accept security alert requests ...
• Texas Business & Commerce Code Section 20.034 - Requesting Security Freeze
  (a) On written request sent by certified mail that includes proper identification provided by a consumer and a copy of a valid police report, investigative ...
• Texas Business & Commerce Code Section 20.035 - Notification Of Change
  If a security freeze is in place, a consumer reporting agency shall notify the consumer in writing of a change in the consumer file to ...
• Texas Business & Commerce Code Section 20.036 - Notification Of Security Freeze
  A consumer reporting agency shall notify a person who requests a consumer report if a security freeze is in effect for the consumer file involved ...
• Texas Business & Commerce Code Section 20.037 - Removal Or Temporary Lifting Of Security Freeze
  (a) On a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password ...
• Texas Business & Commerce Code Section 20.038 - Exemption From Security Freeze
  A security freeze does not apply to a consumer report provided to: (1) a state or local governmental entity, including a law enforcement agency or ...
• Texas Business & Commerce Code Section 20.0385 - Applicability Of Security Alert And Security Freeze
  The requirement under this chapter to place a security alert or security freeze on a consumer file does not apply to: (1) a check service ...
• Texas Business & Commerce Code Section 20.039 - Respect Of Security Freeze
  A consumer reporting agency shall honor a security freeze placed on a consumer file by another consumer reporting agency. Added by Acts 2003, 78th Leg., ...
• Texas Business & Commerce Code Section 20.04 - Charges For Certain Disclosures Or Services
  (a) Except as provided by Subsection (b), a consumer reporting agency may impose a reasonable charge on a consumer for the disclosure of information pertaining ...
• Texas Business & Commerce Code Section 20.05 - Reporting Of Information Prohibited
  (a) Except as provided by Subsection (b), a consumer reporting agency may not furnish a consumer report containing information related to: (1) a case under ...
• Texas Business & Commerce Code Section 20.06 - Dispute Procedure
  (a) If the completeness or accuracy of information contained in a consumer's file is disputed by the consumer and the consumer notifies the consumer reporting ...
• Texas Business & Commerce Code Section 20.07 - Correction Of Inaccurate Information
  (a) A consumer reporting agency shall provide a person who provides consumer credit information to the agency with the option of correcting previously reported inaccurate ...
• Texas Business & Commerce Code Section 20.08 - Consumer's Right To File Action In Court Or Arbitrate Disputes
  (a) An action to enforce an obligation of a consumer reporting agency to a consumer under this chapter may be brought in any court as ...
• Texas Business & Commerce Code Section 20.09 - Civil Liability
  (a) A consumer reporting agency that wilfully violates this chapter is liable to the consumer against whom the violation occurs for the greater of three ...
• Texas Business & Commerce Code Section 20.10 - Remedies Cumulative
  An action taken under this chapter does not prohibit a consumer from taking any other action authorized by law except that a credit reporting agency ...
• Texas Business & Commerce Code Section 20.11 - Injunctive Relief; Civil Penalty
  (a) The attorney general may file a suit against a person for: (1) injunctive relief to prevent or restrain a violation of this chapter; or ...
• Texas Business & Commerce Code Section 20.12 - Deceptive Trade Practice
  A violation of this chapter is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17. Added by Acts 2003, 78th Leg., ...
• Texas Business & Commerce Code Section 20.13 - Venue
  An action brought under this chapter shall be filed in a district court: (1) in Travis County; (2) in any county in which the violation ...
• Texas Business & Commerce Code Section 23.01 - Definitions
  In this chapter, unless the context requires a different definition, (1) "assigned estate" means all the real and personal estate of an assigning debtor passing ...
• Texas Business & Commerce Code Section 23.02 - Nature And Effect Of Assignment
  (a) A debtor may assign his real and personal estate under this chapter to an assignee for the benefit of the debtor's creditors. (b) An ...
• Texas Business & Commerce Code Section 23.08 - Form And Content Of Assignment
  (a) For an assignment to be valid, (1) the assigning debtor must make the assignment in writing; and (2) it must be proved or acknowledged ...
• Texas Business & Commerce Code Section 23.09 - Fraud Does Not Defeat Assignment
  (a) An assignment is not affected and a consenting creditor is not deprived of his proportionate share of the assigned estate by the fraudulent act ...
• Texas Business & Commerce Code Section 23.10 - Assignment Discharges Debtor
  If an assigning debtor makes an assignment, he is discharged from liability on the claim of a consenting creditor unless the consenting creditor does not ...
• Texas Business & Commerce Code Section 23.16 - Assignee's Qualifications, Duty To Record Assignment, And Bond
  (a) An assignee shall be a resident of this state and a resident of the county in which the assigning debtor resides, or in which ...
• Texas Business & Commerce Code Section 23.17 - Notice Of Assignee's Appointment
  (a) Within 30 days after an assignment is executed, the assignee shall publish notice of his appointment as assignee in a newspaper published in the ...
• Texas Business & Commerce Code Section 23.18 - Replacement Of Assignee
  (a) A county or district court of the county in which the assignee resides shall remove or replace the assignee on application of the assigning ...
• Texas Business & Commerce Code Section 23.19 - Assignee's Duty To Distribute Assigned Estate
  Each time an assignee has enough money to pay 10 percent of the assigning debtor's debts, he shall distribute the money among the creditors entitled ...
• Texas Business & Commerce Code Section 23.20 - Discount Of Claim Not Due And Allowance Of Secured Claim
  (a) The assignee may allow a claim which is not due at its present value by discounting it at the legal rate. (b) If a ...
• Texas Business & Commerce Code Section 23.21 - Assignee's Entitlement To Compensation
  An assignee is entitled to reasonable compensation for his services and reimbursement for his necessary expenses, including an attorney's fee, all of which shall be ...
• Texas Business & Commerce Code Section 23.22 - Examination Of Debtor Or Other Person
  (a) The court in which a proceeding involving an assigned estate has been filed may, after reasonable notice to each person concerned, compel any person ...
• Texas Business & Commerce Code Section 23.23 - Assignee's Final Report And Discharge
  (a) An assignee wishing to be discharged from his appointment shall prepare and file for record with the county clerk of the county in which ...
• Texas Business & Commerce Code Section 23.24 - Time Limit On Bringing Action Against Assignee
  An action against an assignee based on his conduct in carrying out the assignment, as shown in his report filed under Section 23.23(a) of this ...
• Texas Business & Commerce Code Section 23.30 - Creditor's Consent To Assignment
  (a) A creditor must inform the assignee in writing of his consent to the assignment within four months after the assignee gives the notice required ...
• Texas Business & Commerce Code Section 23.31 - Creditor's Proof And Assignee's Allowance Of Claim
  (a) Within six months after the first publication of notice of appointment required by Section 23.17 of this code, a consenting creditor must file with ...
• Texas Business & Commerce Code Section 23.32 - Creditor's Suit On Disputed Claim
  (a) The assignee shall give any creditor a copy of any statement of claim filed under Section 23.31(a) of this code if the creditor requests ...
• Texas Business & Commerce Code Section 23.33 - Nonconsenting Creditor's Right To Surplus
  If a creditor does not consent to an assignment, he may garnishee the assignee for the excess of the assigned estate remaining in the assignee's ...
• Texas Business & Commerce Code Section 24.001 - Short Title
  This chapter may be cited as the Uniform Fraudulent Transfer Act. Amended by Acts 1987, 70th Leg., ch. 1004, § 1, eff. Sept. 1, 1987. ...
• Texas Business & Commerce Code Section 24.002 - Definitions
  In this chapter: (1) "Affiliate" means: (A) a person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more ...
• Texas Business & Commerce Code Section 24.003 - Insolvency
  (a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation. (b) ...
• Texas Business & Commerce Code Section 24.004 - Value
  (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt ...
• Texas Business & Commerce Code Section 24.005 - Transfers Fraudulent As To Present And Future Creditors
  (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or within a ...
• Texas Business & Commerce Code Section 24.006 - Transfers Fraudulent As To Present Creditors
  (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or ...
• Texas Business & Commerce Code Section 24.007 - When Transfer Is Made Or Obligation Is Incurred
  For the purposes of this chapter: (1) a transfer is made: (A) with respect to an asset that is real property other than a fixture, ...
• Texas Business & Commerce Code Section 24.008 - Remedies Of Creditors
  (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 24.009 of this ...
• Texas Business & Commerce Code Section 24.009 - Defenses, Liability, And Protection Of Transferee
  (a) A transfer or obligation is not voidable under Section 24.005(a)(1) of this code against a person who took in good faith and for a ...
• Texas Business & Commerce Code Section 24.010 - Extinguishment Of Cause Of Action
  (a) Except as provided by Subsection (b) of this section, a cause of action with respect to a fraudulent transfer or obligation under this chapter ...
• Texas Business & Commerce Code Section 24.011 - Supplementary Provisions
  Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and ...
• Texas Business & Commerce Code Section 24.012 - Uniformity Of Application And Construction
  This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter ...
• Texas Business & Commerce Code Section 24.013 - Costs
  In any proceeding under this chapter, the court may award costs and reasonable attorney's fees as are equitable and just. Added by Acts 2003, 78th ...
• Texas Business & Commerce Code Section 26.01 - Promise Or Agreement Must Be In Writing
  (a) A promise or agreement described in Subsection (b) of this section is not enforceable unless the promise or agreement, or a memorandum of it, ...
• Texas Business & Commerce Code Section 26.02 - Loan Agreement Must Be In Writing
  (a) In this section: (1) "Financial institution" means a state or federally chartered bank, savings bank, savings and loan association, or credit union, a holding ...
• Texas Business & Commerce Code Section 27.01 - Fraud In Real Estate And Stock Transactions
  (a) Fraud in a transaction involving real estate or stock in a corporation or joint stock company consists of a (1) false representation of a ...
• Texas Business & Commerce Code Section 27.02 - Certain Insurance Claims For Excessive Charges
  (a) A person who sells goods or services commits an offense if: (1) the person advertises or promises to provide the good or service and ...
• Texas Business & Commerce Code Section 34.01 - Definition Of Surety
  In this chapter, unless the context requires a different definition, "surety" includes endorser, guarantor, drawer of a draft which has been accepted, and every other ...
• Texas Business & Commerce Code Section 34.02 - Surety May Require Suit On Accrued Right Of Action
  (a) When a right of action has accrued on a contract for the payment of money or performance of an act, a surety on the ...
• Texas Business & Commerce Code Section 34.03 - Levy First On Principal's Property
  (a) If a judgment granted against two or more defendants finds a suretyship relation between or among them, the court shall order the sheriff to ...
• Texas Business & Commerce Code Section 34.04 - Subrogation Rights Of Surety
  (a) A judgment is not discharged by a surety's payment of it in whole or part if the payment is compelled or, if voluntarily made, ...
• Texas Business & Commerce Code Section 34.05 - Officer Compelled To Pay On Judgment Treated As Surety
  (a) An officer has the rights of a surety provided in Section 34.04 of this code if compelled to pay a judgment in whole or ...
• 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 ...
• Texas Business & Commerce Code Section 36.01 - Short Title
  This chapter may be cited as the Assumed Business or Professional Name Act. Added by Acts 1977, 65th Leg., p. 1095, ch. 403, § 1, ...
• Texas Business & Commerce Code Section 36.02 - Definitions
  In this chapter, unless the context otherwise requires: (1) "Partnership" means a joint venture or general partnership other than a limited partnership or a registered ...
• Texas Business & Commerce Code Section 36.03 - Exclusion Of Insurance Companies
  The provisions of this chapter shall not apply to any insurance company as described in Subchapter A, Chapter 805, Insurance Code, which is authorized to ...
• Texas Business & Commerce Code Section 36.10 - For Unincorporated Business Or Profession Other Than A Limited Partnership, Registered Limited Liability Partnership, Or Limited Liability Company
  (a) Any person who regularly conducts business or renders professional services other than as a corporation, limited partnership, registered limited liability partnership, or limited liability ...
• Texas Business & Commerce Code Section 36.11 - For Incorporated Business Or Profession, Limited Partnership, Registered Limited Liability Partnership, Or Limited Liability Company
  (a) Any corporation, limited partnership, registered limited liability partnership, or limited liability company which regularly conducts business or renders professional services in this state under ...
• Texas Business & Commerce Code Section 36.12 - Material Change In Information; New Certificate
  (a) Whenever an event occurs that causes the information in a certificate filed pursuant to this chapter by a person conducting business or rendering a ...
• Texas Business & Commerce Code Section 36.13 - Duration And Renewal Of Certificate
  (a) A certificate filed pursuant to this chapter in the office of the county clerk and of the Secretary of State, if applicable, by any ...
• Texas Business & Commerce Code Section 36.14 - Abandonment Of Use Of Assumed Business Or Professional Name
  (a) A registrant that has filed an assumed business or professional name certificate under this chapter which ceases to transact business or render professional services ...
• Texas Business & Commerce Code Section 36.15 - Index Of Certificates; Filing Fees
  Each county clerk and the Secretary of State shall keep an alphabetical index of all assumed names which have been filed in his office pursuant ...
• Texas Business & Commerce Code Section 36.16 - Prescribed Forms
  The Secretary of State may prescribe the forms to be used for filing any assumed business or professional name certificate or statement that complies with ...
• Texas Business & Commerce Code Section 36.17 - Effect Of Filing
  Nothing in this chapter shall be construed to give a registrant of an assumed business or professional name any right to use the name when ...
• Texas Business & Commerce Code Section 36.18 - Filing Of Reproduction
  The Secretary of State may accept for filing a photographic, photostatic, or similarly reproduced copy of a signed original document required or authorized to be ...
• Texas Business & Commerce Code Section 36.25 - Civil Penalties
  Failure to comply with the provisions of this chapter by any person shall not impair the validity of any contract or act by such person ...
• Texas Business & Commerce Code Section 36.26 - Criminal Penalty--General Violation
  (a) A person conducting business or rendering a professional service in this state under an assumed name who intentionally violates a provision of this chapter ...
• Texas Business & Commerce Code Section 36.27 - Criminal Penalty--Fraudulent Filing
  (a) A person may not knowingly or intentionally sign and present for filing or cause to be presented for filing a document authorized or required ...
• Texas Business & Commerce Code Section 37.01 - Definitions
  In this chapter: (1) "Automated dialing announcing device" means automated equipment used for telephone solicitation or collection that is capable: (A) of storing telephone numbers ...
• Texas Business & Commerce Code Section 37.02 - Solicitor Identity; Permissible Hours; Disconnect
  (a) A telephone solicitor may not make a consumer telephone call to a consumer unless: (1) the telephone solicitor identifies himself or herself by name ...
• Texas Business & Commerce Code Section 37.03 - Charges To Consumer Credit Account
  A person who sells consumer goods and services through the use of a telephone solicitor may not make or submit a charge to a consumer's ...
• Texas Business & Commerce Code Section 37.04 - Enforcement
  (a) The attorney general's office shall investigate a complaint relating to a violation of this chapter and may petition a district court for a temporary ...
• Texas Business & Commerce Code Section 37.05 - Civil Penalty
  (a) A person who knowingly violates this chapter is liable for a civil penalty of not more than $10,000 for each violation. (b) In addition ...
• Texas Business & Commerce Code Section 38.001 - Definitions
  In this chapter: (1) "Item" means property or service and includes a coupon book that is to be used with a business or company. (2) ...
• Texas Business & Commerce Code Section 38.002 - Making Telephone Solicitation
  In this chapter, a person makes a telephone solicitation if the person effects or attempts to effect a telephone solicitation, including a solicitation initiated by ...
• Texas Business & Commerce Code Section 38.003 - Construction And Application
  This chapter shall be liberally construed and applied to promote its underlying purpose to protect persons against false, misleading, or deceptive practices in the telephone ...
• Texas Business & Commerce Code Section 38.051 - Claim Of Exemption
  (a) In a civil proceeding alleging a violation of this chapter, the burden of proving an exemption is on the person claiming the exemption. (b) ...
• Texas Business & Commerce Code Section 38.052 - Exemptions Apply To Seller
  The exemptions provided by this chapter apply only to a seller engaging in a telephone solicitation on the seller's own behalf. Added by Acts 1997, ...
• Texas Business & Commerce Code Section 38.053 - Persons Or Items Regulated By Other Law
  This chapter does not apply to: (1) a person offering or selling a security that has been qualified for sale under Section 7, The Securities ...
• Texas Business & Commerce Code Section 38.054 - Media And Subscription Services And Certain Catalogs
  This chapter does not apply to: (1) a person soliciting the sale of a subscription to: (A) a daily or weekly newspaper of general circulation; ...
• Texas Business & Commerce Code Section 38.055 - Certain Nonprofit And Educational Organizations
  This chapter does not apply to an educational institution or organization or a nonprofit organization exempt from taxation under Section 501(c)(3), Internal Revenue Code of ...
• Texas Business & Commerce Code Section 38.056 - Certain Commercial Sales
  This chapter does not apply to a sale in which the purchaser is a business that intends to: (1) resell the item purchased; or (2) ...
• Texas Business & Commerce Code Section 38.057 - Food
  This chapter does not apply to a person soliciting the sale of food. Added by Acts 1997, 75th Leg., ch. 1008, § 2, eff. Sept. ...
• Texas Business & Commerce Code Section 38.058 - Solicitation Of Current Or Former Customers
  This chapter does not apply to: (1) the solicitation of contracts for the maintenance or repair of items previously purchased from the person making the ...
• Texas Business & Commerce Code Section 38.059 - Promotions At Established Retail Sales Locations Or At Consumer's Residence
  This chapter does not apply to: (1) a person soliciting: (A) without intent to complete or obtain provisional acceptance of a sale during the telephone ...
• Texas Business & Commerce Code Section 38.060 - Certain Solicitation Services Having Predominately Exempt Customers
  (a) This chapter does not apply to a person: (1) who provides telephone solicitation services under contract to sellers; (2) who has been operating continuously ...
• Texas Business & Commerce Code Section 38.061 - Certain Isolated Solicitations
  This chapter does not apply to a person engaging in a commercial telephone solicitation that is an isolated transaction and not done in the course ...
• Texas Business & Commerce Code Section 38.101 - Registration Required
  (a) A seller may not engage in telephone solicitation from a location in this state or to a purchaser located in this state without a ...
• Texas Business & Commerce Code Section 38.102 - Contents Of Registration Statement; Verification; Public Information
  (a) A seller must file a registration statement with the secretary of state to obtain a registration certificate. (b) A registration statement must be in ...
• Texas Business & Commerce Code Section 38.103 - Filing Fee
  The filing fee for a registration statement is $200. Added by Acts 1997, 75th Leg., ch. 1008, § 2, eff. Sept. 1, 1997. ...
• Texas Business & Commerce Code Section 38.104 - Issuance Of Certificate Of Registration
  (a) The secretary of state shall issue a registration certificate and mail the certificate to the seller on receipt of: (1) a completed registration statement; ...
• Texas Business & Commerce Code Section 38.105 - Effective Date; Renewal
  (a) A registration statement becomes effective on the date that the secretary of state issues the registration certificate. (b) A registration statement is effective for ...
• Texas Business & Commerce Code Section 38.106 - Update Addendum Required
  (a) A seller shall file with the secretary of state an addendum for each quarter after the effective date of the registration providing the required ...
• Texas Business & Commerce Code Section 38.107 - Security
  (a) A registration statement filed under this chapter must be accompanied by: (1) a bond executed by a corporate surety approved by the secretary of ...
• Texas Business & Commerce Code Section 38.108 - Secretary Of State As Seller's Agent To Receive Service
  (a) A seller shall file with the secretary of state, in the form prescribed by the secretary of state, an irrevocable consent appointing the secretary ...
• Texas Business & Commerce Code Section 38.151 - Disclosure Of Certain Names, Addresses, And Organizational Information
  A registration statement must contain: (1) the seller's name and the name under which the seller is doing or intends to do business, if different ...
• Texas Business & Commerce Code Section 38.152 - Disclosure Of Certain Convictions, Judgments, Orders, And Bankruptcies
  (a) With respect to the seller and each person identified under Section 38.151(11) or (13), a registration statement must state the identity of each person: ...
• Texas Business & Commerce Code Section 38.153 - Disclosure Of Certain Sales Information
  The registration statement must be accompanied by: (1) a description of the items the seller is offering for sale; (2) a copy of all sales ...
• Texas Business & Commerce Code Section 38.201 - Information Posted Or Available At Seller's Business Location
  (a) A seller shall post the registration certificate in a conspicuous place at the location for which it is issued. (b) A seller shall make ...
• Texas Business & Commerce Code Section 38.202 - Disclosures To Prospective Purchasers
  A seller shall, when the solicitation is made and before consummation of any sales transaction, provide to each purchaser: (1) the complete street address of ...
• Texas Business & Commerce Code Section 38.203 - Reference To Compliance With Statute Prohibited
  A seller may not make or authorize the making of a reference to its compliance with this chapter to a purchaser. Added by Acts 1997, ...
• Texas Business & Commerce Code Section 38.251 - Violation Of Chapter
  (a) A person commits an offense if the person knowingly violates Section 38.101, 38.106, 38.201, 38.202, or 38.203. Each violation constitutes a separate offense. (b) ...
• Texas Business & Commerce Code Section 38.252 - Salesperson For Unregistered Seller
  (a) A person commits an offense if the person knowingly acts as a salesperson on behalf of a seller who violates the registration requirements of ...
• Texas Business & Commerce Code Section 38.253 - Request Of Credit Card Account Number Or Checking Account Number After Offer Of Free Item
  (a) A seller commits an offense if the seller knowingly: (1) represents or implies that a purchaser will receive without charge an item or service, ...
• Texas Business & Commerce Code Section 38.301 - Injunction
  (a) The attorney general may bring suit to enjoin a person from violating this chapter. (b) The attorney general shall notify the defendant of the ...
• Texas Business & Commerce Code Section 38.302 - Civil Penalties
  (a) A person who violates this chapter is subject to a civil penalty of not more than $5,000 for each violation. (b) A person who ...
• Texas Business & Commerce Code Section 38.303 - Deceptive Trade Practices
  A violation of this chapter is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17, and any public or private right ...
• Texas Business & Commerce Code Section 38.304 - Action To Recover Against Security
  (a) A person who is injured by the bankruptcy of a seller or the seller's breach of an agreement entered into during a telephone solicitation ...
• Texas Business & Commerce Code Section 38.305 - Waiver Prohibited
  An attempted waiver of a provision of this chapter is void. Added by Acts 1997, 75th Leg., ch. 1008, § 2, eff. Sept. 1, 1997. ...
• Texas Business & Commerce Code Section 39.001 - Definitions
  In this chapter: (1) "Consumer" means an individual who seeks or acquires real or personal property, services, money, or credit for personal, family, or household ...
• Texas Business & Commerce Code Section 39.002 - Applicability Of Chapter
  (a) This chapter applies only to a consumer transaction in which the merchant or the merchant's agent engages in a personal solicitation of a sale ...
• Texas Business & Commerce Code Section 39.003 - Consumer's Right To Cancel
  In addition to any other rights or remedies available, a consumer may cancel a consumer transaction to which this chapter applies not later than midnight ...
• Texas Business & Commerce Code Section 39.004 - Notice By Merchant
  (a) A merchant must provide a consumer with a complete receipt or copy of any contract pertaining to the consumer transaction at the time of ...
• Texas Business & Commerce Code Section 39.005 - Merchant's Compensation
  A merchant is not entitled to compensation for services performed under a consumer transaction if the consumer cancels the transaction under this chapter. Added by ...
• Texas Business & Commerce Code Section 39.006 - Retention Of Goods Or Real Property
  Until a merchant has complied with this chapter, a consumer with possession of goods or right or title to real property delivered by the merchant: ...
• Texas Business & Commerce Code Section 39.007 - Duty Of Consumer
  (a) Within a reasonable time after a cancellation under this chapter, the consumer on demand must tender to the merchant any goods or right or ...
• Texas Business & Commerce Code Section 39.008 - Violations
  (a) A merchant may not: (1) fail to include on both copies of the form described by Section 39.004(c): (A) the name of the merchant; ...
• Texas Business & Commerce Code Section 39.009 - Injunction
  If the attorney general believes that a person is violating or about to violate this chapter, the attorney general may bring an action in the ...
• Texas Business & Commerce Code Section 40.001 - Short Title
  This chapter may be cited as the Contest and Gift Giveaway Act. Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, ...
• Texas Business & Commerce Code Section 40.002 - Construction Of Chapter
  This chapter shall be interpreted to provide the maximum disclosure to, and fair treatment of, a person who enters a contest or gift giveaway through ...
• Texas Business & Commerce Code Section 40.003 - Definitions
  (a) In this chapter: (1) "Contest" means a promotional device in which: (A) a person is offered, as an inducement to attend a sales presentation, ...
• Texas Business & Commerce Code Section 40.004 - Exemption
  This chapter does not apply to a sales presentation conducted in conjunction with a business seminar, trade show, convention, or other gathering at which representatives ...
• Texas Business & Commerce Code Section 40.005 - Determination Of Retail Value Of Prize Or Gift
  (a) The retail value of an item offered as a prize or gift is the price at which a substantial number of sales of the ...
• Texas Business & Commerce Code Section 40.006 - Raincheck Requirements
  (a) Subject to Subsections (d)-(g), an offeror may not fail: (1) in a gift offer to provide each gift as represented to each person who ...
• Texas Business & Commerce Code Section 40.007 - Deposit Requirements
  (a) If a gift or prize involves lodging, airfare, a trip, or a recreational activity, the offeror may require a refundable deposit if the requirement ...
• Texas Business & Commerce Code Section 40.031 - Application Of Subchapter
  This subchapter applies to a person who uses a gift as part of an advertising plan or program. Added by Acts 1997, 75th Leg., ch. ...
• Texas Business & Commerce Code Section 40.032 - Full Disclosure Required
  A gift is not prohibited in a legitimate trade promotion if the advertising regarding the promotion fully discloses any requirement of a purchase to be ...
• Texas Business & Commerce Code Section 40.033 - Consideration To Offeror; Limitations
  (a) An offeror may not notify a person that the person will receive a gift, a condition of receipt of which requires the person to ...
• Texas Business & Commerce Code Section 40.034 - Limitation On Requirement Of Purchase
  An offeror may not notify a person that the person will receive a gift, a condition of receipt of which requires the person to purchase ...
• Texas Business & Commerce Code Section 40.035 - Limitation On Required Attendance At Sales Presentation
  (a) An offeror may not notify a person that the person will receive a gift unless at the time of the notification the offeror clearly ...
• Texas Business & Commerce Code Section 40.036 - Gift Offers; Prohibited Acts
  A person may not: (1) use the term "gift" or a similar term in a false, misleading, or deceptive manner; (2) directly represent or imply ...
• Texas Business & Commerce Code Section 40.061 - Application Of Subchapter
  This subchapter applies to a person who uses a contest as part of an advertising plan or program. Added by Acts 1997, 75th Leg., ch. ...
• Texas Business & Commerce Code Section 40.062 - Consideration To Offeror; Limitations
  An offeror may not notify a person that the person has won a prize, will receive a prize, or has a chance to win or ...
• Texas Business & Commerce Code Section 40.063 - Limitation On Requirement Of Purchase
  An offeror may not notify a person that the person has won a prize, will receive a prize, or has a chance to win or ...
• Texas Business & Commerce Code Section 40.064 - Limitation On Required Attendance At Sales Presentation
  An offeror may not notify a person that the person has won a prize, will receive a prize, or has a chance to win or ...
• Texas Business & Commerce Code Section 40.065 - Matched Contest Requirements
  (a) The identity and number of the major prizes to be awarded in a matched contest shall be determined before the contest begins. That information ...
• Texas Business & Commerce Code Section 40.066 - Matched Contest; Prohibited Acts
  (a) A person engaged in the preparation, promotion, sale, distribution, or use of a matched contest may not: (1) use the term "prize" or another ...
• Texas Business & Commerce Code Section 40.067 - Drawings; Prohibited Acts
  (a) A person may not use a drawing unless the offeror clearly and conspicuously discloses in writing in the offer: (1) a statement of the ...
• Texas Business & Commerce Code Section 40.091 - Application Of Subchapter
  This subchapter applies to a person who uses a contest as part of an advertising plan or program. Added by Acts 1997, 75th Leg., ch. ...
• Texas Business & Commerce Code Section 40.092 - General Contest Records; List Of Winners
  (a) For each contest other than a drawing, the offeror shall maintain until the second anniversary of the date on which all prizes have been ...
• Texas Business & Commerce Code Section 40.093 - Drawing Records; List Of Winners
  (a) For each drawing, the offeror shall maintain until the second anniversary of the date on which all major prizes have been awarded: (1) a ...
• Texas Business & Commerce Code Section 40.094 - Disclosure On Request
  At the end of the contest period, each person who conducts a contest shall provide to any person requesting the information: (1) the names of ...
• Texas Business & Commerce Code Section 40.095 - Records Available To Attorney General
  The records required under this subchapter shall be made available to the attorney general not later than the 30th day after the date on which ...
• Texas Business & Commerce Code Section 40.121 - Criminal Penalty
  (a) A person commits an offense if the person knowingly violates this chapter. (b) Except as provided by Subsection (c), an offense under this section ...
• Texas Business & Commerce Code Section 40.122 - Deceptive Trade Practice
  A violation of this chapter is a deceptive trade practice in addition to the practices described by Subchapter E, Chapter 17, and is actionable under ...
• Texas Business & Commerce Code Section 41.001 - Short Title
  This chapter may be cited as the Business Opportunity Act. Added by Acts 1997, 75th Leg., ch. 1008, § 5, eff. Sept. 1, 1997. ...
• Texas Business & Commerce Code Section 41.002 - Construction And Application
  (a) This chapter shall be liberally construed and applied to: (1) protect persons against false, misleading, or deceptive practices in the advertising, offering for sale ...
• Texas Business & Commerce Code Section 41.003 - Definitions
  In this chapter: (1) "Business opportunity contract" means an agreement that obligates or is intended to obligate a purchaser to a seller. (2) "Buy-back" means ...
• Texas Business & Commerce Code Section 41.004 - Business Opportunity; Exceptions
  (a) In this chapter, "business opportunity" means a sale or lease for an initial consideration of more than $500 of products, equipment, supplies, or services ...
• Texas Business & Commerce Code Section 41.005 - Burden Of Proof
  A person who claims to be exempt from this chapter has the burden of proving the exemption. Added by Acts 1997, 75th Leg., ch. 1008, ...
• Texas Business & Commerce Code Section 41.006 - Rules
  The secretary of state may adopt rules to administer and enforce this chapter. Added by Acts 1997, 75th Leg., ch. 1008, § 5, eff. Sept. ...
• Texas Business & Commerce Code Section 41.007 - Filing Fee
  The secretary of state may charge a reasonable fee to cover the costs incurred as a result of a filing required by Subchapter B or ...
• Texas Business & Commerce Code Section 41.008 - Recordkeeping
  (a) A seller shall maintain a complete set of books, records, and accounts of business opportunity sales made by the seller. (b) A document relating ...
• Texas Business & Commerce Code Section 41.009 - Waiver
  A waiver of this chapter is contrary to public policy and is unenforceable and void. Added by Acts 1997, 75th Leg., ch. 1008, § 5, ...
• Texas Business & Commerce Code Section 41.051 - Filing Of Disclosure Statement And List Of Sellers
  Before the sale or offer for sale, including advertising, of a business opportunity, the principal seller shall register the business opportunity with the secretary of ...
• Texas Business & Commerce Code Section 41.052 - Updating Of Information On File
  (a) A disclosure statement on file must be updated through a new filing annually and whenever a material change occurs. (b) The list of individuals ...
• Texas Business & Commerce Code Section 41.053 - Filing Of Copy Of Bond Or Notification Of Account
  A principal seller who is required to provide a bond or establish a trust account shall contemporaneously file with the secretary of state a copy ...
• Texas Business & Commerce Code Section 41.054 - Use Of Disclosure Document From Other Regulatory Agency
  Instead of using a disclosure statement required by this chapter in a transaction with a purchaser or for purposes of filing with the secretary of ...
• Texas Business & Commerce Code Section 41.101 - Bond, Trust Account, Or Letter Of Credit Required
  (a) Before a seller makes a representation described by Section 41.004(a)(1) or otherwise represents that the buyer is assured of making a profit from a ...
• Texas Business & Commerce Code Section 41.102 - Action Against Bond, Trust Account, Or Letter Of Credit
  (a) A person may bring an action against the bond, trust account, or irrevocable letter of credit obtained or established under Section 41.101 to recover ...
• Texas Business & Commerce Code Section 41.151 - Disclosure To Purchaser Of Business Opportunity
  A seller must provide a purchaser with a written disclosure statement that meets the requirements of this subchapter. The seller must provide the statement at ...
• Texas Business & Commerce Code Section 41.152 - Cover Sheet Of Disclosure Statement
  (a) A disclosure statement must have a cover sheet that is entitled, in at least 12-point boldface capital letters, "DISCLOSURES REQUIRED BY TEXAS LAW." The ...
• Texas Business & Commerce Code Section 41.153 - Contents: Names And Addresses
  A disclosure statement must contain: (1) the name of the seller; (2) the names under which the seller has done, is doing, or intends to ...
• Texas Business & Commerce Code Section 41.154 - Contents: Sales Periods
  A disclosure statement must state the period the seller has: (1) sold business opportunities; and (2) sold business opportunities involving the products, equipment, supplies, or ...
• Texas Business & Commerce Code Section 41.155 - Contents: Services Description
  A disclosure statement must contain: (1) a detailed description of the actual services the seller undertakes to perform for the purchaser; and (2) if the ...
• Texas Business & Commerce Code Section 41.156 - Contents: Financial Statement
  A disclosure statement must contain a copy of a financial statement of the seller that: (1) was prepared according to generally accepted accounting principles within ...
• Texas Business & Commerce Code Section 41.157 - Contents: Training Description
  If the seller promises training, the disclosure statement must contain a complete description of the training, the length of the training, and the cost of ...
• Texas Business & Commerce Code Section 41.158 - Contents: Security Description
  If the seller is required to secure a bond or establish a trust account, the disclosure statement must contain the following statement: (1) "As required ...
• Texas Business & Commerce Code Section 41.159 - Contents: Delivery Date
  If the seller is required to deliver to the purchaser the product, equipment, or supplies necessary to begin substantial operation of the business and states ...
• Texas Business & Commerce Code Section 41.160 - Contents: Sales Or Earnings Representation
  If the seller makes a statement concerning sales or earnings that may be made through the business opportunity, the disclosure statement must contain a statement ...
• Texas Business & Commerce Code Section 41.161 - Contents: Legal Action History
  (a) A disclosure statement must contain a statement disclosing which, if any, of the persons described by Section 41.153: (1) has, at any time during ...
• Texas Business & Commerce Code Section 41.162 - Contents: Bankruptcy
  (a) A disclosure statement must contain a statement disclosing which, if any, of the persons described by Section 41.153 has, at any time during the ...
• Texas Business & Commerce Code Section 41.163 - Contents: Contract Copy
  A disclosure statement must contain a copy of the business opportunity contract that the seller uses as a matter of course and that will be ...
• Texas Business & Commerce Code Section 41.201 - Form Of Business Opportunity Contract
  A business opportunity contract must be in writing and include, in 10-point type or in handwriting of an equivalent size, the following: (1) the terms ...
• Texas Business & Commerce Code Section 41.202 - Delivery Of Copies Of Documents To Purchaser
  A copy of the completed business opportunity contract and any other document the seller requires the purchaser to sign shall be given to the purchaser ...
• Texas Business & Commerce Code Section 41.203 - Effect Of Assignment Of Business Opportunity Contract
  An assignee of a business opportunity contract or of the seller's rights under the contract is subject to all equities, rights, and defenses of the ...
• Texas Business & Commerce Code Section 41.251 - Voluntary Termination Of Business Opportunity Registration
  The principal seller of a registered business opportunity may voluntarily terminate the business opportunity's registration with the secretary of state if: (1) the registered business ...
• Texas Business & Commerce Code Section 41.252 - Involuntary Termination Of Business Opportunity Registration
  (a) The secretary of state may terminate the registration of a business opportunity registered under Section 41.051 if the seller does not comply with the ...
• Texas Business & Commerce Code Section 41.301 - Prohibited Acts
  A seller may not: (1) employ a representation, device, scheme, or artifice to deceive a purchaser; (2) make an untrue statement of a material fact ...
• Texas Business & Commerce Code Section 41.302 - Deceptive Trade Practice
  A violation of this chapter is a false, misleading, or deceptive act or practice under Section 17.46, Business & Commerce Code. A public or private ...
• Texas Business & Commerce Code Section 41.303 - Review And Suit By Attorney General
  (a) The attorney general may review a disclosure statement filed with the secretary of state under Subchapter B. (b) If a disclosure statement fails to ...
• Texas Business & Commerce Code Section 42.001 - Definitions
  In this chapter: (1) "Euro" means the currency of the member states of the European Community, as amended by the Treaty on European Union. The ...
• Texas Business & Commerce Code Section 42.002 - Applicability Of Chapter
  (a) This chapter applies to each contract, security, and instrument, including a commercial contract, governed by the laws of this state. (b) With respect to ...
• Texas Business & Commerce Code Section 42.003 - Conflicts Of Law
  This chapter prevails to the extent of any conflict between this chapter and any other law of this state. Added by Acts 1999, 76th Leg., ...
• Texas Business & Commerce Code Section 42.004 - Continuity Of Contract
  (a) If a subject or medium of payment of a contract, security, or instrument is the European currency unit or a currency that has been ...
• Texas Business & Commerce Code Section 42.005 - Effect On Certain Agreements
  This chapter does not alter or impair an agreement between parties that specifically relates to the introduction of the euro. Added by Acts 1999, 76th ...
• Texas Business & Commerce Code Section 43.001 - Short Title
  This chapter may be cited as the Uniform Electronic Transactions Act. Added by Acts 2001, 77th Leg., ch. 702, § 1, eff. Jan. 1, 2002. ...
• Texas Business & Commerce Code Section 43.002 - Definitions
  In this chapter: (1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from ...
• Texas Business & Commerce Code Section 43.003 - Scope
  (a) Except as otherwise provided in Subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does ...
• Texas Business & Commerce Code Section 43.004 - Prospective Application
  This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2002. Added by ...
• Texas Business & Commerce Code Section 43.005 - Use Of Electronic Records And Electronic Signatures; Variation By Agreement
  (a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic ...
• Texas Business & Commerce Code Section 43.006 - Construction And Application
  This chapter must be construed and applied: (1) to facilitate electronic transactions consistent with other applicable law; (2) to be consistent with reasonable practices concerning ...
• Texas Business & Commerce Code Section 43.007 - Legal Recognition Of Electronic Records, Electronic Signatures, And Electronic Contracts
  (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not ...
• Texas Business & Commerce Code Section 43.008 - Provision Of Information In Writing; Presentation Of Records
  (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in ...
• Texas Business & Commerce Code Section 43.009 - Attribution And Effect Of Electronic Record And Electronic Signature
  (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person ...
• Texas Business & Commerce Code Section 43.010 - Effect Of Change Or Error
  (a) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the rules provided by this section ...
• Texas Business & Commerce Code Section 43.011 - Notarization And Acknowledgment
  If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature ...
• Texas Business & Commerce Code Section 43.012 - Retention Of Electronic Records; Originals
  (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record ...
• Texas Business & Commerce Code Section 43.013 - Admissibility In Evidence
  In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. Added by Acts 2001, 77th ...
• Texas Business & Commerce Code Section 43.014 - Automated Transaction
  (a) In an automated transaction, the rules provided by this section apply. (b) A contract may be formed by the interaction of electronic agents of ...
• Texas Business & Commerce Code Section 43.015 - Time And Place Of Sending And Receipt
  (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) is addressed properly or otherwise directed properly ...
• Texas Business & Commerce Code Section 43.016 - Transferable Records
  (a) In this section, "transferable record" means an electronic record that: (1) would be a note under Chapter 3, or a document under Chapter 7, ...
• Texas Business & Commerce Code Section 43.017 - Acceptance And Distribution Of Electronic Records By Governmental Agencies
  (a) Except as otherwise provided by Section 43.012(f), each state agency shall determine whether, and the extent to which, the agency will send and accept ...
• Texas Business & Commerce Code Section 43.018 - Interoperability
  The Department of Information Resources may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states ...
• Texas Business & Commerce Code Section 43.019 - Exemption To Preemption By Federal Electronic Signatures Act
  This chapter modifies, limits, or supersedes the provisions of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) as ...
• Texas Business & Commerce Code Section 43.020 - Applicability Of Penal Code
  This chapter does not authorize any activity that is prohibited by the Penal Code. Added by Acts 2001, 77th Leg., ch. 702, § 1, eff. ...
• Texas Business & Commerce Code Section 43.021 - Certain Requirements Considered To Be Recommendations
  Any requirement of the Department of Information Resources or the Texas State Library and Archives Commission under this chapter that generally applies to one or ...
• Texas Business & Commerce Code Section 44.001 - Short Title
  This chapter may be cited as the Texas Telemarketing Disclosure and Privacy Act. Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. ...
• Texas Business & Commerce Code Section 44.002 - Definitions
  In this chapter: (1) "Caller identification service" means a service or device designed to provide the user of the service or device with the telephone ...
• Texas Business & Commerce Code Section 44.003 - Telemarketing Calls Governed By Chapter
  (a) For the purposes of this chapter, a telemarketing call is an unsolicited telephone call made to: (1) solicit a sale of a consumer good ...
• Texas Business & Commerce Code Section 44.004 - Making Telemarketing Call
  In this chapter, a person makes a telemarketing call if the person effects a telemarketing call on the person's own behalf or on behalf of ...
• Texas Business & Commerce Code Section 44.005 - Construction And Application
  This chapter shall be liberally construed and applied to promote its underlying purpose to protect the public against false, misleading, abusive, or deceptive practices in ...
• Texas Business & Commerce Code Section 44.006 - Waiver Prohibited
  An attempted waiver of a provision of this chapter is void. Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002. ...
• Texas Business & Commerce Code Section 44.051 - Prohibition On Interference With Caller Identification Service
  (a) A telemarketer may not, in making a telemarketing call, block the identity of the telephone number from which the telephone call is made to ...
• Texas Business & Commerce Code Section 44.052 - Enforcement; Penalties
  (a) Except as provided by Subsection (c), the commission shall receive and investigate complaints concerning violations of this subchapter and may assess an administrative penalty ...
• Texas Business & Commerce Code Section 44.101 - Commission To Establish Texas No-Call Lists
  (a) The commission shall establish and provide for the operation of a database to compile a list of names, zip codes, and telephone numbers of ...
• Texas Business & Commerce Code Section 44.102 - Telemarketing Of Persons On Texas No-Call List; Enforcement; Penalties
  (a) A telemarketer may not make a telemarketing call to a telephone number that has been published on the Texas no-call list more than 60 ...
• Texas Business & Commerce Code Section 44.103 - Rules; Customer Information; Isolated Violation
  (a) The commission may adopt rules to administer this subchapter. The commission shall adopt rules: (1) requiring each local exchange telephone company and each commercial ...
• Texas Business & Commerce Code Section 44.104 - Assistance Of Department Of Information Resources
  On request of the commission, the Department of Information Resources shall assist the commission in administering this subchapter. Added by Acts 2001, 77th Leg., ch. ...
• Texas Business & Commerce Code Section 44.151 - Notice In Facsimile Solicitation
  In addition to the technical and procedural standards of federal statutes or regulations regarding telephone facsimile machines and transmissions, a person in this state who ...
• Texas Business & Commerce Code Section 44.152 - Acknowledgment Required; Transmission Prohibited
  On receipt of oral or written notification from a recipient of a facsimile solicitation not to send any further facsimile transmissions to one or more ...
• Texas Business & Commerce Code Section 44.153 - Enforcement; Penalties
  (a) Except as provided by Subsection (c), the commission shall receive and investigate complaints concerning violations of this subchapter and may assess an administrative penalty ...
• Texas Business & Commerce Code Section 44.201 - Report By Commission
  Before December 31 of each even-numbered year, the commission shall submit a report to the lieutenant governor and speaker of the house of representatives. The ...
• Texas Business & Commerce Code Section 44.202 - Report By Attorney General
  Before December 31 of each even-numbered year, the attorney general shall submit a report to the lieutenant governor and speaker of the house of representatives. ...
• Texas Business & Commerce Code Section 44.251 - Determination Of Amount
  The amount of an administrative penalty imposed under this chapter shall be based on: (1) the seriousness of the violation, including the nature, circumstances, extent, ...
• Texas Business & Commerce Code Section 44.252 - Stay Of Penalty
  The enforcement of the penalty may be stayed during the time the order is under judicial review if the person pays the penalty to the ...
• Texas Business & Commerce Code Section 44.253 - Contested Case
  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 2001, 77th Leg., ch. ...
• Texas Business & Commerce Code Section 45.001 - Definitions
  In this chapter: (1) "Catalogues" means promotional booklets listing merchandise for sale that are at least 24 pages long, have a circulation of at least ...
• Texas Business & Commerce Code Section 45.002 - Offenses
  A person conducting a sweepstakes through the mail may not: (1) require an individual to order or purchase a good or service, or promise to ...
• Texas Business & Commerce Code Section 45.003 - Application Of Chapter; Acts Not Prohibited
  (a) This chapter does not apply to any sweepstakes that is conducted through advertisements or inserts in magazines, newspapers, or catalogues sent through the mail. ...
• Texas Business & Commerce Code Section 45.004 - Civil Penalty
  (a) The attorney general may initiate an action under this chapter by filing suit in a district court in Travis County or in any county ...
• Texas Business & Commerce Code Section 46.001 - Definitions
  In this chapter: (1) "Commercial electronic mail message" means an electronic mail message that advertises, offers for sale or lease, or promotes any goods, services, ...
• Texas Business & Commerce Code Section 46.002 - Certain Electronic Mail Messages Prohibited
  (a) A person may not intentionally transmit a commercial electronic mail message that: (1) falsifies electronic mail transmission information or other routing information for an ...
• Texas Business & Commerce Code Section 46.003 - Unsolicited Electronic Mail Messages
  (a) A person may not intentionally take any action to send an unsolicited commercial electronic mail message unless: (1) "ADV:" is used as the first ...
• Texas Business & Commerce Code Section 46.004 - Sale Or Provision Of Address On Electronic Mail List Prohibited
  A sender or a person acting on behalf of the sender may not sell or otherwise provide the electronic mail address of a person who ...
• Texas Business & Commerce Code Section 46.005 - Criminal Penalty
  A person commits an offense if the person intentionally takes any action to send a message containing obscene material or material depicting sexual conduct in ...
• Texas Business & Commerce Code Section 46.006 - Civil Penalty
  (a) A person who violates this chapter other than Section 46.009 is liable to the state for a civil penalty in an amount not to ...
• Texas Business & Commerce Code Section 46.007 - Deceptive Trade Practices
  A violation of this chapter is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17, and any public or private right ...
• Texas Business & Commerce Code Section 46.008 - Civil Liability
  (a) A person injured by a violation of this chapter may bring an action to recover actual damages, including lost profits. A person who prevails ...
• Texas Business & Commerce Code Section 46.009 - Notice To Attorney General
  (a) A person who brings an action under Section 46.008 shall give notice of the action to the attorney general by sending a copy of ...
• Texas Business & Commerce Code Section 46.010 - Blocking Of Commercial Electronic Mail Message
  An electronic mail service provider may on its own initiative block the receipt or transmission through its service of any commercial electronic mail message that ...
• Texas Business & Commerce Code Section 46.011 - Qualified Immunity
  (a) In this section, "telecommunications utility" has the meaning assigned by Section 51.002, Utilities Code. (b) A telecommunications utility or an electronic mail service provider ...
• Texas Business & Commerce Code Section 47.001 - Definitions
  In this chapter: (1) "Sex offender" means a person who has been convicted of or placed on deferred adjudication for an offense for which a ...
• Texas Business & Commerce Code Section 47.002 - Prohibition On Ownership, Operation, Or Management By Or Employment Of Sex Offender
  (a) A sex offender may not own wholly or partly or serve as a director, officer, operator, manager, or employee of a sexually oriented business. ...
• Texas Business & Commerce Code Section 47.003 - Injunction
  (a) The attorney general or the appropriate district or county attorney, in the name of the state, may bring an action for an injunction or ...
• Texas Business & Commerce Code Section 47.004 - Criminal Penalty
  (a) A sex offender commits an offense if the offender violates Section 47.002(a). (b) A sexually oriented business commits an offense if the business violates ...
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• Texas Business & Commerce Code Section 48.002 - Definitions
  In this chapter: (1) "Advertisement" means a communication that includes the promotion of a commercial product or service, including communication on an Internet website operated ...
• Texas Business & Commerce Code Section 48.003 - Applicability Of Chapter
  (a) Section 48.052, other than Subdivision (1) of that section, and Sections 48.053(4) and 48.055 do not apply to a telecommunications carrier, cable operator, computer ...
• Texas Business & Commerce Code Section 48.051 - Unauthorized Collection Or Culling Of Personally Identifiable Information
  If a person is not the owner or operator of the computer, the person may not knowingly cause computer software to be copied to a ...
• Texas Business & Commerce Code Section 48.052 - Unauthorized Access To Or Modifications Of Computer Settings; Computer Damage
  If a person is not the owner or operator of the computer, the person may not knowingly cause computer software to be copied to a ...
• Texas Business & Commerce Code Section 48.053 - Unauthorized Interference With Installation Or Disabling Of Computer Software
  If a person is not the owner or operator of the computer, the person may not knowingly cause computer software to be copied to a ...
• Texas Business & Commerce Code Section 48.054 - Knowing Violation
  A person knowingly violates Section 48.051, 48.052, or 48.053 if the person: (1) acts with actual knowledge of the facts that constitute the violation; or ...
• Texas Business & Commerce Code Section 48.055 - Other Prohibited Conduct
  If a person is not the owner or operator of the computer, the person may not: (1) induce the owner or operator of a computer ...
• Texas Business & Commerce Code Section 48.056 - Deceptive Act Or Omission
  For purposes of this chapter, a person is considered to have acted through intentionally deceptive means if the person, with the intent to deceive an ...
• Texas Business & Commerce Code Section 48.101 - Civil Relief
  (a) The following persons, if adversely affected by the violation, may bring a civil action against a person who violates this chapter: (1) a provider ...

Last modified: August 11, 2007