Texas Business And Commerce Code Title 13, Chapter 622 - Sweepstakes
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 622.001 - Definitions
In this chapter: (1) "Credit card" means a card that, if covered by the law of this state, would be subject to a lender credit...
SUBCHAPTER B APPLICABILITY OF CHAPTER
- Texas Section 622.002 - Acts Constituting Conducting Sweepstakes
For purposes of this chapter, a person conducts a sweepstakes if the person distributes material that: (1) promotes a sweepstakes; (2) describes one or more...
- Texas Section 622.051 - Chapter Limited To Sweepstakes Conducted Through Mail; Exception
(a) This chapter applies only to a sweepstakes conducted through the mail. (b) This chapter does not apply to a sweepstakes for which the only...
- Texas Section 622.052 - Prize Value Less Than $50,000
Sec. 622.052. PRIZE VALUE LESS THAN $50,000. (a) This chapter does not apply to a sweepstakes in which the value of the most valuable prize...
- Texas Section 622.053 - Advertisement Or Insert In Magazine, Newspaper, Or Catalog
This chapter does not apply to a sweepstakes conducted through an advertisement or insert in: (1) a magazine or newspaper: (A) that is a publication...
- Texas Section 622.054 - Charitable Raffle
This chapter does not apply to a charitable raffle regulated by Chapter 2002, Occupations Code. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B....
- Texas Section 622.055 - Sweepstakes Regulated By Alcoholic Beverage Code
This chapter does not apply to a sweepstakes regulated by the Alcoholic Beverage Code. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278),...
- Texas Section 622.056 - Company Regulated Under Public Utility Regulatory Act
This chapter does not apply to a company regulated under Title 2, Utilities Code. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278),...
- Texas Section 622.057 - Air Carrier; Airman Association
This chapter does not apply to: (1) a company that is an air carrier subject to Title 49, United States Code; or (2) a nonprofit...
- Texas Section 622.058 - Certain Recreational Events
This chapter does not apply to a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks...
- Texas Section 622.059 - Certain Food Products
This chapter does not apply to a sweepstakes promoting one or more food products regulated by the United States Food and Drug Administration or the...
- Texas Section 622.060 - Audiovisual Entertainment Work, Product, Or Sound Recording
This chapter does not apply to a company if 75 percent or more of the company's business is: (1) the systematic development, planning, and execution...
SUBCHAPTER C PROHIBITED ACTS OR CONDUCT
- Texas Section 622.061 - Cable System
This chapter does not apply to a company that owns or operates a cable system, as defined by 47 U.S.C. Section 522, as amended. Added...
- Texas Section 622.101 - Connecting Sweepstakes Entry Or Operation To Order Or Purchase
(a) A person conducting a sweepstakes may not use a mechanism for entering the sweepstakes that: (1) has any connection to ordering or purchasing a...
- Texas Section 622.102 - Using Multiple Sweepstakes Entry Addresses Or Multiple Purposes For Address
A person conducting a sweepstakes who provides for entering the sweepstakes by mail may not: (1) accept entries at more than one address; or (2)...
- Texas Section 622.103 - Allowing Choice Of Prize Or Indication Of Preferred Prize Characteristics
A person conducting a sweepstakes may not: (1) solicit an individual to enter the sweepstakes by invitation or other opportunity; and (2) allow the individual...
- Texas Section 622.104 - Sending Sweepstakes Material That Includes Certain Statements Or Implications
A person conducting a sweepstakes may not send material accompanying or relating to the sweepstakes or an offer to enter the sweepstakes that: (1) states...
- Texas Section 622.105 - Using Game Piece To Convey Information Or Offer To Enter
A person conducting a sweepstakes may not convey information about the sweepstakes or an offer to enter the sweepstakes by using a scratch-off device or...
- Texas Section 622.106 - Publishing Advertisements Or Rules With Inconsistent Or Incomplete Prize Descriptions
A person conducting a sweepstakes may not publish or cause to be published: (1) different advertisements for the same sweepstakes that contain inconsistent descriptions of...
- Texas Section 622.107 - Engaging In Conduct That Falsely Indicates An Individual Has Won
A person conducting a sweepstakes may not: (1) ask an individual to provide any information or take any action consistent with the individual winning a...
- Texas Section 622.108 - Awarding Multiple Prizes
A person conducting a sweepstakes may not award multiple prizes in the sweepstakes unless all prizes are awarded on the same date and through the...
- Texas Section 622.109 - Mailing Certain Offers During Period Following Sweepstakes
A person conducting a sweepstakes may not, during the 30-day period immediately following the last date on which the person conducted the sweepstakes through the...
SUBCHAPTER D ACTS OR CONDUCT NOT PROHIBITED
- Texas Section 622.110 - Providing Names Or Addresses Used In Prohibited Sweepstakes
A person may not provide names or addresses of residents of this state that are used in conducting a sweepstakes that the person knows violates...
- Texas Section 622.151 - Description Of Method Of Choosing Winner
This chapter does not prohibit a sweepstakes sponsor from describing in the official sweepstakes rules the method to be used in choosing a winner. Added...
SUBCHAPTER E ENFORCEMENT
- Texas Section 622.152 - Notification Of And Affidavit From Winner
This chapter does not prohibit a sweepstakes sponsor, after a winner has been chosen, from: (1) notifying an individual chosen as a winner; or (2)...
- Texas Section 622.201 - Action By Attorney General; Venue
The attorney general may bring an action under this chapter by filing suit in a district court in Travis County or in any county in...
- Texas Section 622.202 - Civil Penalty
(a) The court shall award the attorney general a civil penalty of not less than $5,000 or more than $50,000 for each violation found. (b)...
- Texas Section 622.203 - Liability For Providing Names Or Addresses Used In Prohibited Sweepstakes
(a) A person who violates Section 622.110 is liable for the cumulative civil penalties that result from the person's conduct. (b) Liability of a person...
- Texas Section 622.204 - Injunctive And Other Relief
The court may also award injunctive relief or other equitable or ancillary relief that is reasonably necessary to prevent violations of this chapter. Added by...
- Texas Section 622.205 - No Private Right Of Action
This chapter does not create a private right of action. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April...
- Texas Section 622.206 - Recovery Of Expenses By Attorney General
If the attorney general substantially prevails, the court shall award the attorney general reasonable expenses incurred in recovering a civil penalty under this subchapter, including...
Last modified: September 28, 2016