SUBCHAPTER A GENERAL PROVISIONS
SUBCHAPTER B DECEPTIVE ADVERTISING, PACKING, SELLING, AND EXPORTING
- Texas Section 17.01 - Definitions
In this chapter, unless the context requires a different definition, (1) "container" includes bale, barrel, bottle, box, cask, keg, and package; and (2) "proprietary mark"...
- Texas Section 17.08 - Private Use Of State Seal
(a) In this section: (1) "Commercial purpose" means a purpose that is intended to result in a profit or other tangible benefit but does not...
- Texas Section 17.11 - Deceptive Wholesale And Going-out-of-business Advertising
(a) In Subsection (b) of this section, unless the context requires a different definition, "wholesaler" means a person who sells for the purpose of resale...
SUBCHAPTER C REGULATING THE SALE OR TRANSFER OF SECONDHAND WATCHES
- Texas Section 17.12 - Deceptive Advertising
(a) No person may disseminate a statement he knows materially misrepresents the cost or character of tangible personal property, a security, service, or anything he...
- Texas Section 17.18 - Applicability Of Subchapter To Secondhand Watches
(a) A watch is secondhand if its (1) case, movement, or case and movement as a unit, has been previously sold or transferred to a...
- Texas Section 17.19 - Labeling Secondhand Watches
No person in the business of buying or selling watches may sell or exchange, offer to sell or exchange, possess, or display with intent to...
- Texas Section 17.20 - Content Of Invoice For Secondhand Watch
(a) No person in the business of buying or selling watches may sell or transfer a secondhand watch unless he gives the purchaser or transferee...
- Texas Section 17.21 - Advertising Watch As Secondhand
No person may advertise or display a secondhand watch for sale or exchange unless he clearly states in the advertisement or display that the watch...
SUBCHAPTER D COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK
- Texas Section 17.22 - Criminal Penalty
A person, or his agent or employee, who violates a provision of Section 17.19, 17.20, or 17.21 of this code is guilty of a misdemeanor...
- Texas Section 17.29 - Misusing Container; Evidence Of Misuse And Container's Ownership
(a) In this section, unless the context requires a different definition, "container" also includes drink-dispensing fountain. (b) Unless the owner of a reusable container bearing...
- Texas Section 17.30 - Misusing Dairy Container Bearing Proprietary Mark
(a) In this section, unless the context requires a different definition, "dairy container" includes butter box, ice cream can, ice cream tub, milk bottle, milk...
SUBCHAPTER E DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION
- Texas Section 17.31 - Identification, Possession, And Use Of Certain Containers
(a) In this section: (1) "Bakery basket or tray" means a wire or plastic container that holds bread or other baked goods and is used...
- Texas Section 17.41 - Short Title
This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act. Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff....
- Texas Section 17.42 - Waivers: Public Policy
(a) Any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void; provided, however, that...
- Texas Section 17.43 - Cumulative Remedies
The provisions of this subchapter are not exclusive. The remedies provided in this subchapter are in addition to any other procedures or remedies provided for...
- Texas Section 17.44 - Construction And Application
(a) This subchapter shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business...
- Texas Section 17.45 - Definitions
As used in this subchapter: (1) "Goods" means tangible chattels or real property purchased or leased for use. (2) "Services" means work, labor, or service...
- Texas Section 17.46 - Deceptive Trade Practices Unlawful
(a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action...
- Texas Section 17.461 - Pyramid Promotional Scheme
(a) In this section: (1) "Compensation" means payment of money, a financial benefit, or another thing of value. The term does not include payment based...
- Texas Section 17.462 - Listing Of Business Location Of Certain Businesses
(a) A person may not misrepresent the geographical location of a business that derives 50 percent or more of its gross income from the sale...
- Texas Section 17.47 - Restraining Orders
(a) Whenever the consumer protection division has reason to believe that any person is engaging in, has engaged in, or is about to engage in...
- Texas Section 17.48 - Duty Of District And County Attorney
(a) It is the duty of the district and county attorneys to lend to the consumer protection division any assistance requested in the commencement and...
- Texas Section 17.49 - Exemptions
(a) Nothing in this subchapter shall apply to the owner or employees of a regularly published newspaper, magazine, or telephone directory, or broadcast station, or...
- Texas Section 17.50 - Relief For Consumers
(a) A consumer may maintain an action where any of the following constitute a producing cause of economic damages or damages for mental anguish: (1)...
- Texas Section 17.501 - Consumer Protection Division Participation In Class Action
(a) A consumer filing an action under Section 17.50 that is to be maintained as a class action shall send to the consumer protection division:...
- Texas Section 17.505 - Notice; Inspection
(a) As a prerequisite to filing a suit seeking damages under Subdivision (1) of Subsection (b) of Section 17.50 of this subchapter against any person,...
- Texas Section 17.5051 - Mediation
(a) A party may, not later than the 90th day after the date of service of a pleading in which relief under this subchapter is...
- Texas Section 17.5052 - Offers Of Settlement
(a) A person who receives notice under Section 17.505 may tender an offer of settlement at any time during the period beginning on the date...
- Texas Section 17.506 - Damages: Defenses
(a) In an action brought under Section 17.50 of this subchapter, it is a defense to the award of any damages or attorneys' fees if...
- Texas Section 17.55 - Promotional Material
If damages or civil penalties are assessed against the seller of goods or services for advertisements or promotional material in a suit filed under Section...
- Texas Section 17.555 - Indemnity
A person against whom an action has been brought under this subchapter may seek contribution or indemnity from one who, under the statute law or...
- Texas Section 17.56 - Venue
Except as provided by Article 5.06-1(8), Insurance Code, an action brought which alleges a claim to relief under Section 17.50 of this subchapter shall be...
- Texas Section 17.56 - Venue
An action brought under this subchapter may be brought: (1) in any county in which venue is proper under Chapter 15, Civil Practice and Remedies...
- Texas 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 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 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 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 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 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 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,...
SUBCHAPTER F GOING OUT OF BUSINESS SALES
- Texas 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 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 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 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 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 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 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 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 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 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 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 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, Sec. 1,...
- Texas 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 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...
SUBCHAPTER G LABELING, ADVERTISING, AND SALE OF KOSHER FOODS
- Texas 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, Sec. 1, eff....
- Texas 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 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 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 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 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....
SUBCHAPTER H SALE OF INDIAN ARTICLES
- Texas 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 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 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 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...
SUBCHAPTER I LABELING, ADVERTISING, AND SALE OF HALAL FOODS
- Texas 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 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 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 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 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 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 Section 17.901 - Definitions
In this subchapter: (1) "Performing musical group" means a vocal or instrumental group seeking to engage in a live musical performance. (2) "Recording group" means...
- Texas Section 17.902 - Unauthorized Advertisement, Promotion, Or Conduction Of Certain Live Musical Performances
A person may not advertise, promote, or conduct a live musical performance in this state through the use of a false, deceptive, or misleading affiliation,...
- Texas Section 17.903 - Injunction; Restitution
(a) If the attorney general has reason to believe that a person is engaging in, has engaged in, or is about to engage in an...
SUBCHAPTER K REGULATING THE COLLECTION OR SOLICITATION BY FOR-PROFIT ENTITIES OF CERTAIN PUBLIC DONATIONS
- Texas Section 17.904 - Civil Penalty
(a) A person who violates Section 17.902 is liable to the state for a civil penalty of not less than $5,000 or more than $15,000...
- Texas Section 17.921 - Definitions
In this subchapter: (1) "Charitable organization" means an organization that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of...
- Texas Section 17.922 - Required Disclosure For Collections Through Public Receptacle
(a) A for-profit entity or individual may not use a public donations receptacle to collect donated clothing or household goods and subsequently sell the donated...
- Texas Section 17.923 - Required Disclosures For Telephone Or Door-to-door Solicitations
(a) A for-profit entity or individual who makes, or directs another person to make, a telephone or door-to-door solicitation requesting that the person solicited donate...
- Texas Section 17.924 - Required Disclosures For Mail Solicitations
(a) A for-profit entity or individual who mails, or directs another person to mail, a solicitation requesting that the recipient donate clothing or household goods...
- Texas Section 17.925 - Local Ordinance Or Regulation
Nothing in this subchapter shall be construed to limit the authority of a local government to adopt an ordinance or regulation relating to the use...
SUBCHAPTER L BAD FAITH CLAIMS OF PATENT INFRINGEMENT
- Texas Section 17.926 - Civil Penalty
(a) Except as provided by Subsection (b), a person who violates this subchapter is liable to this state for a civil penalty in an amount...
- Texas Section 17.951 - Definition
In this subchapter, "end user" means a person that purchases, rents, leases, or otherwise obtains a product, service, or technology in the commercial market that...
- Texas Section 17.952 - Bad Faith Claim Of Patent Infringement Prohibited
(a) A person may not send to an end user located or doing business in this state a written or electronic communication that is a...
- Texas Section 17.953 - Enforcement By Attorney General; Injunction And Civil Penalty
(a) If the attorney general believes that a person has violated or is violating Section 17.952, the attorney general may bring an action on behalf...
- Texas Section 17.954 - Construction Of Subchapter
This subchapter may not be construed to: (1) limit rights and remedies available to the state or another person under any other law; (2) alter...
- Texas Section 17.955 - No Private Cause Of Action
This subchapter does not create a private cause of action for a violation of Section 17.952. Added by Acts 2015, 84th Leg., R.S., Ch. 856...