Tex. Business & Commerce Code Sec. 3.419. INSTRUMENTS SIGNED FOR ACCOMMODATION.


Tex. Business & Commerce Code Sec. 3.420. CONVERSION OF INSTRUMENT.

Texas Business & Commerce Code (UCC, DTPA)


Tex. Business & Commerce Code Sec. 3.501. PRESENTMENT.


Tex. Business & Commerce Code Sec. 3.502. DISHONOR.


Tex. Business & Commerce Code Sec. 3.503. NOTICE OF DISHONOR.


Tex. Business & Commerce Code Sec. 3.504. EXCUSED PRESENTMENT AND NOTICE OF DISHONOR.


Tex. Business & Commerce Code Sec. 3.505. EVIDENCE OF DISHONOR.


Tex. Business & Commerce Code Sec. 3.506. PROCESSING FEE BY HOLDER OF PAYMENT DEVICE.


Tex. Business & Commerce Code Sec. 3.507. DELIVERY NOTIFICATION FEE BY HOLDER OF CHECK OR SIMILAR SIGHT ORDER.


Tex. Business & Commerce Code Sec. 3.601. DISCHARGE AND EFFECT OF DISCHARGE.


Tex. Business & Commerce Code Sec. 3.602. PAYMENT.


Tex. Business & Commerce Code Sec. 3.603. TENDER OF PAYMENT.


Tex. Business & Commerce Code Sec. 3.604. DISCHARGE BY CANCELLATION OR RENUNCIATION.


Tex. Business & Commerce Code Sec. 3.605. DISCHARGE OF SECONDARY OBLIGORS.


Tex. Business & Commerce Code Sec. 4.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Bank Deposits and Collections.


Tex. Business & Commerce Code Sec. 4.102. APPLICABILITY.


Tex. Business & Commerce Code Sec. 4.103. VARIATION BY AGREEMENT; MEASURE OF DAMAGES; ACTION CONSTITUTING ORDINARY CARE.


Tex. Business & Commerce Code Sec. 4.104. DEFINITIONS AND INDEX OF DEFINITIONS.


Tex. Business & Commerce Code Sec. 4.105. "BANK"; "DEPOSITARY BANK"; "INTERMEDIARY BANK"; "COLLECTING BANK"; "PAYOR BANK"; "PRESENTING BANK". In this chapter:


Tex. Business & Commerce Code Sec. 4.106. PAYABLE THROUGH OR PAYABLE AT BANK; COLLECTING BANK.


Tex. Business & Commerce Code Sec. 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 at or to which action may be taken or notices or orders must be given under this chapter and under Chapter 3.


Tex. Business & Commerce Code Sec. 4.108. TIME OF RECEIPT OF ITEMS.


Tex. Business & Commerce Code Sec. 4.109. DELAYS.


Tex. Business & Commerce Code Sec. 4.110. ELECTRONIC PRESENTMENT.


Tex. Business & Commerce Code Sec. 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.


Tex. Business & Commerce Code Sec. 4.112. PAYMENT OF CHECK AT PAR.


Tex. Business & Commerce Code Sec. 4.201. STATUS OF COLLECTING BANK AS AGENT AND PROVISIONAL STATUS OF CREDITS; APPLICABILITY OF CHAPTER; ITEM INDORSED "PAY ANY BANK".


Tex. Business & Commerce Code Sec. 4.202. RESPONSIBILITY FOR COLLECTION OR RETURN; WHEN ACTION TIMELY.


Tex. Business & Commerce Code Sec. 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 the bank or constitute notice to it, and a collecting bank is not liable to prior parties for any action taken pursuant to the instructions or in accordance with any agreement with its transferor.


Tex. Business & Commerce Code Sec. 4.204. METHODS OF SENDING AND PRESENTING; SENDING DIRECTLY TO PAYOR BANK.


Tex. Business & Commerce Code Sec. 4.205. DEPOSITORY BANK HOLDER OF UNINDORSED ITEM. If a customer delivers an item to a depositary bank for collection, the depositary bank:


Tex. Business & Commerce Code Sec. 4.206. TRANSFER BETWEEN BANKS. Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank.


Tex. Business & Commerce Code Sec. 4.207. TRANSFER WARRANTIES.


Tex. Business & Commerce Code Sec. 4.208. PRESENTMENT WARRANTIES.


Tex. Business & Commerce Code Sec. 4.209. ENCODING AND RETENTION WARRANTIES.


Tex. Business & Commerce Code Sec. 4.210. SECURITY INTEREST OF COLLECTING BANK IN ITEMS, ACCOMPANYING DOCUMENTS AND PROCEEDS.


Tex. Business & Commerce Code Sec. 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 in an item, if the bank otherwise complies with the requirements of Section 3.302 on what constitutes a holder in due course.


Tex. Business & Commerce Code Sec. 4.212. PRESENTMENT BY NOTICE OF ITEM NOT PAYABLE BY, THROUGH OR AT A BANK; LIABILITY OF DRAWER OR INDORSER.


Tex. Business & Commerce Code Sec. 4.213. MEDIUM AND TIME OF SETTLEMENT BY BANK.


Tex. Business & Commerce Code Sec. 4.214. RIGHT OF CHARGE-BACK OR REFUND; LIABILITY OF COLLECTING BANK; RETURN OF ITEM.


Tex. Business & Commerce Code Sec. 4.215. FINAL PAYMENT OF ITEM BY PAYOR BANK; WHEN PROVISIONAL DEBITS AND CREDITS BECOME FINAL; WHEN CERTAIN CREDITS BECOME AVAILABLE FOR WITHDRAWAL.


Tex. Business & Commerce Code Sec. 4.216. INSOLVENCY AND PREFERENCE.


Tex. Business & Commerce Code Sec. 4.301. DEFERRED POSTING; RECOVERY OF PAYMENT BY RETURN OF ITEMS; TIME OF DISHONOR; RETURN OF ITEMS BY PAYOR BANK.


Tex. Business & Commerce Code Sec. 4.302. PAYOR BANK'S RESPONSIBILITY FOR LATE RETURN OF ITEM.


Tex. Business & Commerce Code Sec. 4.303. WHEN ITEMS SUBJECT TO NOTICE, STOP-PAYMENT ORDER, LEGAL PROCESS, OR SETOFF; ORDER IN WHICH ITEMS MAY BE CHARGED OR CERTIFIED.


Tex. Business & Commerce Code Sec. 4.401. WHEN BANK MAY CHARGE CUSTOMER'S ACCOUNT.


Tex. Business & Commerce Code Sec. 4.402. BANK'S LIABILITY TO CUSTOMER FOR WRONGFUL DISHONOR.


Tex. Business & Commerce Code Sec. 4.403. CUSTOMER'S RIGHT TO STOP PAYMENT; BURDEN OF PROOF OF LOSS.


Tex. Business & Commerce Code Sec. 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 more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.


Tex. Business & Commerce Code Sec. 4.405. DEATH OR INCOMPETENCE OF CUSTOMER.


Tex. Business & Commerce Code Sec. 4.406. CUSTOMER'S DUTY TO DISCOVER AND REPORT UNAUTHORIZED SIGNATURE OR ALTERATION.


Tex. Business & Commerce Code Sec. 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 closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank is subrogated to the rights:


Tex. Business & Commerce Code Sec. 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 draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.


Tex. Business & Commerce Code Sec. 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 its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of the refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods.


Tex. Business & Commerce Code Sec. 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:


Tex. Business & Commerce Code Sec. 4.504. PRIVILEGE OF PRESENTING BANK TO DEAL WITH GOODS; SECURITY INTEREST FOR EXPENSES.


Tex. Business & Commerce Code Sec. 5.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Letters of Credit.


Tex. Business & Commerce Code Sec. 5.102. DEFINITIONS.


Tex. Business & Commerce Code Sec. 5.103. SCOPE.


Tex. Business & Commerce Code Sec. 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:


Tex. Business & Commerce Code Sec. 5.105. CONSIDERATION. Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation.


Tex. Business & Commerce Code Sec. 5.106. ISSUANCE, AMENDMENT, CANCELLATION, AND DURATION.


Tex. Business & Commerce Code Sec. 5.107. CONFIRMER, NOMINATED PERSON, AND ADVISER.


Tex. Business & Commerce Code Sec. 5.108. ISSUER'S RIGHTS AND OBLIGATIONS.


Tex. Business & Commerce Code Sec. 5.109. FRAUD AND FORGERY.


Tex. Business & Commerce Code Sec. 5.110. WARRANTIES.


Tex. Business & Commerce Code Sec. 5.111. REMEDIES.


Tex. Business & Commerce Code Sec. 5.112. TRANSFER OF LETTER OF CREDIT.


Tex. Business & Commerce Code Sec. 5.113. TRANSFER BY OPERATION OF LAW.


Tex. Business & Commerce Code Sec. 5.114. ASSIGNMENT OF PROCEEDS.


Tex. Business & Commerce Code Sec. 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 letter of credit or one year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.


Tex. Business & Commerce Code Sec. 5.116. CHOICE OF LAW AND FORUM.


Tex. Business & Commerce Code Sec. 5.117. SUBROGATION OF ISSUER, APPLICANT, AND NOMINATED PERSON.


Tex. Business & Commerce Code Sec. 5.118. SECURITY INTEREST OF ISSUER OR NOMINATED PERSON.


Tex. Business & Commerce Code Sec. 51.001. SHORT TITLE. This chapter may be cited as the Business Opportunity Act.


Tex. Business & Commerce Code Sec. 51.002. GENERAL DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 51.003. DEFINITION OF BUSINESS OPPORTUNITY.


Tex. Business & Commerce Code Sec. 51.004. LIBERAL CONSTRUCTION AND APPLICATION.


Tex. Business & Commerce Code Sec. 51.005. BURDEN OF PROOF. A person who claims to be exempt from this chapter has the burden of proving the exemption.


Tex. Business & Commerce Code Sec. 51.006. WAIVER. A waiver of this chapter is contrary to public policy and void.


Tex. Business & Commerce Code Sec. 51.007. MAINTENANCE OF RECORDS.


Tex. Business & Commerce Code Sec. 51.008. 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 Section 51.003 or 51.251.


Tex. Business & Commerce Code Sec. 51.009. RULES. The secretary of state may adopt rules to administer and enforce this chapter.


Tex. Business & Commerce Code Sec. 51.051. FILING OF DISCLOSURE STATEMENTS AND LIST OF SELLERS. Before a sale or offer for sale, including advertising, of a business opportunity, the principal seller must register the business opportunity with the secretary of state by filing:


Tex. Business & Commerce Code Sec. 51.052. UPDATING OF INFORMATION ON FILE.


Tex. Business & Commerce Code Sec. 51.053. FILING OF DISCLOSURE DOCUMENT FROM OTHER REGULATORY AGENCY. Instead of filing with the secretary of state a copy of a disclosure statement, a seller may file a copy of a similar document required by the State Securities Board, Securities and Exchange Commission, or Federal Trade Commission that contains all the information required to be disclosed by this chapter.


Tex. Business & Commerce Code Sec. 51.054. FILING OF COPY OF BOND OR NOTIFICATION OF ACCOUNT. A principal seller who is required to obtain a bond or establish a trust account under Subchapter C shall contemporaneously file with the secretary of state a copy of:


Tex. Business & Commerce Code Sec. 51.101. BOND, TRUST ACCOUNT, OR LETTER OF CREDIT REQUIRED.


Tex. Business & Commerce Code Sec. 51.102. ACTION AGAINST BOND, TRUST ACCOUNT, OR LETTER OF CREDIT.


Tex. Business & Commerce Code Sec. 51.151. DISCLOSURE TO PURCHASER OF BUSINESS OPPORTUNITY.


Tex. Business & Commerce Code Sec. 51.152. COVER SHEET OF DISCLOSURE STATEMENT.


Tex. Business & Commerce Code Sec. 51.153. CONTENTS: NAMES AND ADDRESSES. A disclosure statement must contain:


Tex. Business & Commerce Code Sec. 51.154. CONTENTS: SALES PERIODS. A disclosure statement must:


Tex. Business & Commerce Code Sec. 51.155. CONTENTS: SERVICES DESCRIPTION. A disclosure statement must contain:


Tex. Business & Commerce Code Sec. 51.156. CONTENTS: UPDATED FINANCIAL STATEMENT. A disclosure statement must contain a copy of a financial statement of the seller that:


Tex. Business & Commerce Code Sec. 51.157. CONTENTS: TRAINING DESCRIPTION. If the seller promises training, the disclosure statement must contain a complete description of the training, including:


Tex. Business & Commerce Code Sec. 51.158. CONTENTS: SECURITY DESCRIPTION. If the seller is required to obtain a bond or establish a trust account, the disclosure statement must contain one of the following statements, as applicable:


Tex. Business & Commerce Code Sec. 51.159. CONTENTS: DELIVERY DATE; CANCELLATION OF CONTRACT. 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 a definite or approximate delivery date for the product, equipment, or supplies, the disclosure statement must contain the following statement: "If the seller fails to deliver the product, equipment, or supplies necessary to begin substantial operation of the business within 45 days of the delivery date stated in your contract, you may notify the seller in writing and cancel your contract."


Tex. Business & Commerce Code Sec. 51.160. 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 disclosing:


Tex. Business & Commerce Code Sec. 51.161. CONTENTS: LEGAL ACTION HISTORY.


Tex. Business & Commerce Code Sec. 51.162. CONTENTS: BANKRUPTCY OR REORGANIZATION.


Tex. Business & Commerce Code Sec. 51.163. 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 presented to the purchaser at closing.


Tex. Business & Commerce Code Sec. 51.164. USE OF DISCLOSURE DOCUMENT FROM OTHER REGULATORY AGENCY. Instead of providing a disclosure statement to a purchaser under this subchapter, a seller may provide a copy of a similar document required by the State Securities Board, Securities and Exchange Commission, or Federal Trade Commission that contains all the information required to be disclosed by this chapter.


Tex. Business & Commerce Code Sec. 51.201. 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:


Tex. Business & Commerce Code Sec. 51.202. 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 at the time the purchaser signs the contract.


Tex. Business & Commerce Code Sec. 51.203. 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 purchaser against the seller.


Tex. Business & Commerce Code Sec. 51.251. 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:


Tex. Business & Commerce Code Sec. 51.252. INVOLUNTARY TERMINATION OF BUSINESS OPPORTUNITY REGISTRATION.


Tex. Business & Commerce Code Sec. 51.301. PROHIBITED ACTS. A seller may not:


Tex. Business & Commerce Code Sec. 51.302. DECEPTIVE TRADE PRACTICE; REMEDIES.


Tex. Business & Commerce Code Sec. 51.303. REVIEW AND SUIT BY ATTORNEY GENERAL.


Tex. Business & Commerce Code Sec. 52.001. SHORT TITLE. This chapter may be cited as the Regulation of Invention Development Services Act.


Tex. Business & Commerce Code Sec. 52.002. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 52.003. APPLICABILITY OF CHAPTER TO CONTRACT FOR INVENTION DEVELOPMENT SERVICES. This chapter applies to each contract under which an invention developer agrees to perform invention development services for a customer.


Tex. Business & Commerce Code Sec. 52.004. WAIVER BY CUSTOMER PROHIBITED. A waiver by a customer of a provision of this chapter is void.


Tex. Business & Commerce Code Sec. 52.051. BOND REQUIRED.


Tex. Business & Commerce Code Sec. 52.052. BENEFICIARY OF BOND; CLAIM AGAINST BOND.


Tex. Business & Commerce Code Sec. 52.053. CASH DEPOSIT INSTEAD OF BOND. Instead of furnishing the bond required by Section 52.051, the invention developer may provide for, in an amount equal to the amount of the bond required:


Tex. Business & Commerce Code Sec. 52.101. WRITTEN CONTRACT REQUIRED; CUSTOMER COPY.


Tex. Business & Commerce Code Sec. 52.102. MANDATORY CONTRACT TERMS.


Tex. Business & Commerce Code Sec. 52.103. MULTIPLE CONTRACTS. If it is the invention developer's normal practice to seek more than one contract in connection with an invention or if the invention developer normally seeks to perform services in connection with an invention in more than one phase with the performance of each phase covered in one or more subsequent contracts, the invention developer shall give to the customer at the time the customer signs the first contract:


Tex. Business & Commerce Code Sec. 52.104. PAYMENT FOR SERVICES; OPTION TO TERMINATE CONTRACT.


Tex. Business & Commerce Code Sec. 52.105. COVER NOTICE REQUIRED.


Tex. Business & Commerce Code Sec. 52.106. QUARTERLY REPORTS TO CUSTOMER REQUIRED. At least once each calendar quarter during the term of a contract for invention development services, the invention developer shall deliver to the customer at the address specified in the contract a written report that identifies the contract and contains:


Tex. Business & Commerce Code Sec. 52.151. CONTRACT VOIDABLE. A contract for invention development services is voidable at the option of the customer if the contract:


Tex. Business & Commerce Code Sec. 52.152. PRIVATE CAUSE OF ACTION.


Tex. Business & Commerce Code Sec. 52.153. DECEPTIVE TRADE PRACTICE. The following acts, omissions, or failures by an invention developer constitute a deceptive trade practice under Chapter 17:


Tex. Business & Commerce Code Sec. 52.154. MUTUALLY EXCLUSIVE REMEDIES. Remedies available under Sections 52.152 and 52.153 are mutually exclusive.


Tex. Business & Commerce Code Sec. 52.155. PRESUMPTION OF INJURY. For purposes of Sections 52.152 and 52.153, a rebuttable presumption of injury is established by:


Tex. Business & Commerce Code Sec. 52.156. ENFORCEMENT BY ATTORNEY GENERAL.


Tex. Business & Commerce Code Sec. 52.157. APPLICATION OF OTHER LAWS. This chapter does not nullify or limit any obligation, right, or remedy that is applicable or available under the law of this state.


Tex. Business & Commerce Code Sec. 53.001. STORE LEASE CONTRACT.


Tex. Business & Commerce Code Sec. 54.001. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 54.002. CONTRACT.


Tex. Business & Commerce Code Sec. 54.003. PAYMENT ON TERMINATION OF CERTAIN COMPENSATION AGREEMENTS. If a compensation agreement between a sales representative and a principal that does not comply with Section 54.002 is terminated, the principal shall pay all commissions due the sales representative not later than the 30th working day after the date of the termination.


Tex. Business & Commerce Code Sec. 54.004. DAMAGES. A principal who fails to comply with a provision of a contract under Section 54.002 relating to payment of a commission or who fails to pay a commission as required by Section 54.003 is liable to the sales representative in a civil action for:


Tex. Business & Commerce Code Sec. 54.005. PERSONAL JURISDICTION. A principal who is not a resident of this state and who enters into a contract subject to this chapter is considered to be transacting business in this state for purposes of the exercise of personal jurisdiction over the principal.


Tex. Business & Commerce Code Sec. 54.006. WAIVER. A provision of this chapter may not be waived, whether by an express waiver or by an attempt to make a contract or agreement subject to the laws of another state. A waiver of a provision of this chapter is void.


Tex. Business & Commerce Code Sec. 56.001. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 56.002. INAPPLICABILITY OF CHAPTER TO CERTAIN CONTRACTS. This chapter does not apply to a contract that is solely for:


Tex. Business & Commerce Code Sec. 56.003. EFFECT OF CHAPTER ON TIMING OF PAYMENT PROVISIONS. This chapter does not affect a provision that affects the timing of a payment in a contract for construction management or for the construction of improvements to real property if the payment is to be made within a reasonable period.


Tex. Business & Commerce Code Sec. 56.004. WAIVER OF CHAPTER PROHIBITED. A person may not waive this chapter by contract or other means. A purported waiver of this chapter is void.


Tex. Business & Commerce Code Sec. 56.051. ENFORCEMENT OF CLAUSE PROHIBITED TO EXTENT CERTAIN CONTRACTUAL OBLIGATIONS NOT MET. A contingent payor or its surety may not enforce a contingent payment clause to the extent that the obligor's nonpayment to the contingent payor is the result of the contractual obligations of the contingent payor not being met, unless the nonpayment is the result of the contingent payee's failure to meet the contingent payee's contractual requirements.


Tex. Business & Commerce Code Sec. 56.052. ENFORCEMENT OF CLAUSE PROHIBITED FOLLOWING NOTICE FROM CONTINGENT PAYEE.


Tex. Business & Commerce Code Sec. 56.053. ENFORCEMENT OF CLAUSE PROHIBITED IF EXISTENCE OF SHAM RELATIONSHIP. A contingent payor or its surety may not enforce a contingent payment clause if the contingent payor is in a sham relationship with the obligor, as described by the sham relationships in Section 53.026, Property Code.


Tex. Business & Commerce Code Sec. 56.054. ENFORCEMENT OF CLAUSE PROHIBITED IF UNCONSCIONABLE.


Tex. Business & Commerce Code Sec. 56.055. USE OF CLAUSE TO INVALIDATE ENFORCEABILITY OR PERFECTION OF MECHANIC'S LIEN PROHIBITED. A contingent payment clause may not be used as a basis for invalidation of the enforceability or perfection of a mechanic's lien under Chapter 53, Property Code.


Tex. Business & Commerce Code Sec. 56.056. ASSERTION OF CLAUSE AS AFFIRMATIVE DEFENSE. The assertion of a contingent payment clause is an affirmative defense to a civil action for payment under a contract.


Tex. Business & Commerce Code Sec. 56.057. ALLOCATION OF RISK PERMITTED. An obligor or a primary obligor may not prohibit a contingent payor from allocating risk by means of a contingent payment clause.


Tex. Business & Commerce Code Sec. 57.001. SHORT TITLE. This chapter may be cited as the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act.


Tex. Business & Commerce Code Sec. 57.002. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 57.003. WAIVER OF CHAPTER VOID. An attempted waiver of a provision of this chapter or of the application of this chapter is void.


Tex. Business & Commerce Code Sec. 57.051. CERTAIN PROVISIONS VOID. The following provisions contained in a dealer agreement are void:


Tex. Business & Commerce Code Sec. 57.052. CHANGE IN OWNERSHIP OR FINANCIAL STRUCTURE. A supplier may not prevent, by contract or otherwise, a dealer from changing its capital structure or the means by or through which the dealer finances its operations, if:


Tex. Business & Commerce Code Sec. 57.053. RELEASE OF LIABILITY PROHIBITED. A supplier may not require a dealer to assent to a release, assignment, novation, waiver, or estoppel that would release any person from liability imposed by this chapter.


Tex. Business & Commerce Code Sec. 57.101. TRANSFER OF INTEREST IN DEALERSHIP BY SUCCESSION; SINGLE-LINE DEALER AGREEMENTS.


Tex. Business & Commerce Code Sec. 57.102. APPROVAL OF SALE OR TRANSFER OF BUSINESS AT DEALER'S REQUEST.


Tex. Business & Commerce Code Sec. 57.103. APPROVAL OF SALE OR TRANSFER OF BUSINESS AT REQUEST OF PERSONAL REPRESENTATIVE.


Tex. Business & Commerce Code Sec. 57.151. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a dealer agreement that is not a single-line dealer agreement.


Tex. Business & Commerce Code Sec. 57.152. TERMINATION BY DEALER; WRITTEN NOTICE. A dealer must give the supplier at least 30 days' prior written notice of termination.


Tex. Business & Commerce Code Sec. 57.153. TERMINATION BY SUPPLIER; GOOD CAUSE REQUIRED. A supplier may not terminate a dealer agreement without good cause.


Tex. Business & Commerce Code Sec. 57.154. GOOD CAUSE DETERMINATION.


Tex. Business & Commerce Code Sec. 57.155. NOTICE OF TERMINATION; CORRECTION OF DEFICIENCY.


Tex. Business & Commerce Code Sec. 57.201. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a single-line dealer agreement.


Tex. Business & Commerce Code Sec. 57.202. TERMINATION BY SUPPLIER; GOOD CAUSE REQUIRED. No supplier may terminate a dealer agreement without good cause.


Tex. Business & Commerce Code Sec. 57.203. GOOD CAUSE DETERMINATION.


Tex. Business & Commerce Code Sec. 57.204. NOTICE OF TERMINATION; CORRECTION OF DEFICIENCY.


Tex. Business & Commerce Code Sec. 57.205. NOTICE OF TERMINATION NOT REQUIRED UNDER CERTAIN CIRCUMSTANCES. The notice and right to cure provisions under Section 57.204 do not apply if the reason for termination is contained in Sections 57.203(b)(1)-(7).


Tex. Business & Commerce Code Sec. 57.251. DEFINITION OF TERMINATE AND TERMINATION. For purposes of this subchapter, "terminate" and "termination" do not include the phrase substantially change the competitive circumstances of a dealer agreement.


Tex. Business & Commerce Code Sec. 57.252. APPLICABILITY OF SUBCHAPTER; CONFLICT WITH SUBCHAPTER.


Tex. Business & Commerce Code Sec. 57.253. WARRANTY CLAIM.


Tex. Business & Commerce Code Sec. 57.254. RESUBMISSION OF WARRANTY CLAIM. If a warranty claim was rejected on the ground that the dealer failed to properly follow the procedural or technical requirements for submission of a warranty claim, the dealer may resubmit the claim in proper form not later than the 30th day after the date the dealer receives notice of the claim's rejection.


Tex. Business & Commerce Code Sec. 57.255. PAYMENT OF WARRANTY CLAIM. Warranty work performed by the dealer shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed in hours and fractions of hours, multiplied by the dealer's established customer hourly retail labor rate for non-warranty repair work, which must have previously been made known to the supplier. Parts used in warranty repair work shall be reimbursed at the current net parts cost plus 15 percent.


Tex. Business & Commerce Code Sec. 57.256. WARRANTY CLAIM FOR CERTAIN REPAIR WORK OR INSTALLATION OF REPLACEMENT PARTS. Any repair work or installation of replacement parts performed with respect to inventory equipment of a dealer or with respect to equipment of a dealer's customers, at the request of a supplier, including work performed under a product improvement program, constitutes a warranty claim for which the dealer must be paid under this subchapter.


Tex. Business & Commerce Code Sec. 57.257. AUDIT OF WARRANTY CLAIMS.


Tex. Business & Commerce Code Sec. 57.258. ALTERNATE REIMBURSEMENT TERMS ENFORCEABLE.


Tex. Business & Commerce Code Sec. 57.301. COERCED ORDERS, DELIVERIES, OR REFUSALS TO PURCHASE.


Tex. Business & Commerce Code Sec. 57.302. CONDITIONAL PURCHASES OF GOODS AND SERVICES.


Tex. Business & Commerce Code Sec. 57.303. EQUIPMENT REPRESENTED AS AVAILABLE FOR IMMEDIATE DELIVERY. A supplier may not refuse to deliver, in reasonable quantities and within a reasonable time after receipt of a dealer's order, to any dealer having a dealer agreement for the retail sale of new equipment sold or distributed by the supplier, equipment covered by the dealer agreement and specifically advertised or represented by the supplier as available for immediate delivery, unless the refusal is due to:


Tex. Business & Commerce Code Sec. 57.304. DISCRIMINATION IN ORDERS. A supplier may not discriminate, directly or indirectly, in filling an order placed by a dealer for retail sale or lease of new equipment under a dealer agreement as between dealers of the same product line.


Tex. Business & Commerce Code Sec. 57.305. DISCRIMINATION IN PRICES OF NEW EQUIPMENT.


Tex. Business & Commerce Code Sec. 57.351. DEFINITION OF TERMINATE AND TERMINATION. For purposes of this subchapter, "terminate" and "termination" do not include the phrase substantially change the competitive circumstances of a dealer agreement.


Tex. Business & Commerce Code Sec. 57.352. APPLICABILITY OF SUBCHAPTER TO SEVERAL BUSINESS LOCATIONS COVERED BY SAME AGREEMENT. If a dealer has more than one of its business locations covered by the same dealer agreement, this subchapter applies to the repurchase of the dealer's inventory at the particular business location being closed unless the closing occurs without the permission of the supplier.


Tex. Business & Commerce Code Sec. 57.353. PAYMENTS OR CREDITS.


Tex. Business & Commerce Code Sec. 57.354. LATE PAYMENT OR CREDIT.


Tex. Business & Commerce Code Sec. 57.355. LIABILITY.


Tex. Business & Commerce Code Sec. 57.356. CONSTRUCTION OF SUBCHAPTER; CREDITOR'S CLAIMS. This subchapter may not be construed to affect any security interest the supplier may have in the inventory of the dealer, and any repurchase of the dealer's inventory under this subchapter may not be subject to the claims of any secured or unsecured creditor of the supplier or any assignee of the supplier until the dealer has received full payment or credit, as applicable, under this subchapter.


Tex. Business & Commerce Code Sec. 57.357. AGREEMENT TERMINATED BY DEALER; INAPPLICABILITY OF SUBCHAPTER TO CERTAIN SPECIALTY SUPPLIERS.


Tex. Business & Commerce Code Sec. 57.358. EXCEPTIONS.


Tex. Business & Commerce Code Sec. 57.401. CIVIL ACTION; INJUNCTIVE RELIEF.


Tex. Business & Commerce Code Sec. 57.402. CHOICE OF REMEDIES. The provisions of this chapter are supplemental to any dealer agreement between the dealer and the supplier that provides the dealer with greater protection. A dealer may elect to pursue its contract remedy or the remedy provided by state law, or both. An election by the dealer to pursue those remedies does not bar the dealer's right to exercise any other remedies that may be granted at law or in equity.


Tex. Business & Commerce Code Sec. 58.001. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 58.002. APPLICABILITY OF CHAPTER.


Tex. Business & Commerce Code Sec. 58.003. DISASTER REMEDIATION CONTRACT REQUIREMENTS; CERTAIN CONDUCT PROHIBITED.


Tex. Business & Commerce Code Sec. 58.004. DECEPTIVE TRADE PRACTICE. A violation of this chapter by a disaster remediation contractor is a false, misleading, or deceptive act or practice as defined by Section 17.46(b), and any remedy under Subchapter E, Chapter 17, is available for a violation of this chapter.


Tex. Business & Commerce Code Sec. 58.005. WAIVER OF CHAPTER PROHIBITED. A person may not waive this chapter by contract or other means. A purported waiver of this chapter is void.


Tex. Business & Commerce Code Sec. 59.001. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 59.002. APPLICABILITY OF CHAPTER.


Tex. Business & Commerce Code Sec. 59.003. WAIVER PROHIBITED. This chapter may not be waived. A purported waiver of this chapter in violation of this section is void.


Tex. Business & Commerce Code Sec. 59.051. LIMITATION ON CONTRACTOR'S LIABILITY AND RESPONSIBILITY FOR CERTAIN DEFECTS.


Tex. Business & Commerce Code Sec. 59.052. STANDARD OF CARE FOR CERTAIN DESIGNS. Design services provided under a contract described by Section 59.002(c) or


Tex. Business & Commerce Code Sec. 7.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Documents of Title.


Tex. Business & Commerce Code Sec. 7.102. DEFINITIONS AND INDEX OF DEFINITIONS.


Tex. Business & Commerce Code Sec. 7.103. RELATION OF ARTICLE TO TREATY OR STATUTE.


Tex. Business & Commerce Code Sec. 7.104. NEGOTIABLE AND NONNEGOTIABLE DOCUMENT OF TITLE.


Tex. Business & Commerce Code Sec. 7.105. REISSUANCE IN ALTERNATIVE MEDIUM.


Tex. Business & Commerce Code Sec. 7.106. CONTROL OF ELECTRONIC DOCUMENT OF TITLE.


Tex. Business & Commerce Code Sec. 7.201. PERSON THAT MAY ISSUE A WAREHOUSE RECEIPT; STORAGE UNDER BOND.


Tex. Business & Commerce Code Sec. 7.202. FORM OF WAREHOUSE RECEIPT.


Tex. Business & Commerce Code Sec. 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 description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that:


Tex. Business & Commerce Code Sec. 7.204. DUTY OF CARE; CONTRACTUAL LIMITATION OF WAREHOUSE'S LIABILITY.


Tex. Business & Commerce Code Sec. 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 selling such goods takes the goods free of any claim under a warehouse receipt even if the receipt is negotiable and has been duly negotiated.


Tex. Business & Commerce Code Sec. 7.206. TERMINATION OF STORAGE AT WAREHOUSE'S OPTION.


Tex. Business & Commerce Code Sec. 7.207. GOODS MUST BE KEPT SEPARATE; FUNGIBLE GOODS.


Tex. Business & Commerce Code Sec. 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 the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse receipt enforceable against the issuer according to its original tenor.


Tex. Business & Commerce Code Sec. 7.209. LIEN OF WAREHOUSE.


Tex. Business & Commerce Code Sec. 7.210. ENFORCEMENT OF WAREHOUSE'S LIEN.


Tex. Business & Commerce Code Sec. 7.301. LIABILITY FOR NONRECEIPT OR MISDESCRIPTION; "SAID TO CONTAIN"; "SHIPPER'S LOAD AND COUNT"; IMPROPER HANDLING.


Tex. Business & Commerce Code Sec. 7.302. THROUGH BILLS OF LADING AND SIMILAR DOCUMENTS OF TITLE.


Tex. Business & Commerce Code Sec. 7.303. DIVERSION; RECONSIGNMENT; CHANGE OF INSTRUCTIONS.


Tex. Business & Commerce Code Sec. 7.304. TANGIBLE BILLS OF LADING IN SET.


Tex. Business & Commerce Code Sec. 7.305. DESTINATION BILLS.


Tex. Business & Commerce Code Sec. 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.


Tex. Business & Commerce Code Sec. 7.307. LIEN OF CARRIER.


Tex. Business & Commerce Code Sec. 7.308. ENFORCEMENT OF CARRIER'S LIEN.


Tex. Business & Commerce Code Sec. 7.309. DUTY OF CARE; CONTRACTUAL LIMITATION OF CARRIER'S LIABILITY.


Tex. Business & Commerce Code Sec. 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:


Tex. Business & Commerce Code Sec. 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 any right in the goods, except as provided in the case of tangible bills of lading in a set of parts, overissue of documents for fungible goods, substitutes for lost, stolen, or destroyed documents, or substitute documents issued pursuant to Section 7.105. The issuer is liable for damages caused by its overissue or failure to identify a duplicate document by a conspicuous notation.


Tex. Business & Commerce Code Sec. 7.403. OBLIGATION OF WAREHOUSE OR CARRIER TO DELIVER; EXCUSE.


Tex. Business & Commerce Code Sec. 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 title or pursuant to this chapter is not liable for the goods even if:


Tex. Business & Commerce Code Sec. 7.501. FORM OF NEGOTIATION AND REQUIREMENTS OF DUE NEGOTIATION.


Tex. Business & Commerce Code Sec. 7.502. RIGHTS ACQUIRED BY DUE NEGOTIATION.


Tex. Business & Commerce Code Sec. 7.503. DOCUMENT OF TITLE TO GOODS DEFEATED IN CERTAIN CASES.


Tex. Business & Commerce Code Sec. 7.504. RIGHTS ACQUIRED IN ABSENCE OF DUE NEGOTIATION; EFFECT OF DIVERSION; STOPPAGE OF DELIVERY.


Tex. Business & Commerce Code Sec. 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 previous indorsers.


Tex. Business & Commerce Code Sec. 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 becomes a negotiation only as of the time the indorsement is supplied.


Tex. Business & Commerce Code Sec. 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 transferor warrants to its immediate purchaser only in addition to any warranty made in selling or leasing the goods that:


Tex. Business & Commerce Code Sec. 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 other claim against delivery of documents warrants by the delivery of the documents only its own good faith and authority even if the collecting bank or other intermediary has purchased or made advances against the claim or draft to be collected.


Tex. Business & Commerce Code Sec. 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 letter of credit is determined by Chapter 2, 2A, or 5.


Tex. Business & Commerce Code Sec. 7.601. LOST, STOLEN, OR DESTROYED DOCUMENTS OF TITLE.


Tex. Business & Commerce Code Sec. 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, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstanding unless possession or control of the document is first surrendered to the bailee or the document's negotiation is enjoined. The bailee may not be compelled to deliver the goods pursuant to process until possession or control of the document is surrendered to the bailee or to the court. A purchaser of the document for value without notice of the process or injunction takes free of the lien imposed by judicial process.


Tex. Business & Commerce Code Sec. 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 time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may assert an interpleader either in defending an action for nondelivery of the goods or by original action.


Tex. Business & Commerce Code Sec. 71.001. SHORT TITLE. This chapter may be cited as the Assumed Business or Professional Name Act.


Tex. Business & Commerce Code Sec. 71.002. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 71.003. APPLICABILITY OF CHAPTER.


Tex. Business & Commerce Code Sec. 71.051. CERTIFICATE FOR CERTAIN UNINCORPORATED PERSONS. A person must file a certificate under this subchapter if the person regularly conducts business or renders a professional service in this state under an assumed name other than as a corporation, limited partnership, limited liability partnership, limited liability company, protected series or registered series of a limited liability company, or foreign filing entity.


Tex. Business & Commerce Code Sec. 71.052. CONTENTS OF CERTIFICATE. The certificate must state:


Tex. Business & Commerce Code Sec. 71.053. EXECUTION OF CERTIFICATE.


Tex. Business & Commerce Code Sec. 71.054. PLACE OF FILING. A person shall file the certificate in the office of the county clerk in each county in which the person:


Tex. Business & Commerce Code Sec. 71.101. CERTIFICATE FOR INCORPORATED BUSINESS OR PROFESSION, LIMITED PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP, LIMITED LIABILITY COMPANY, REGISTERED SERIES, OR FOREIGN FILING ENTITY. A corporation, limited partnership, limited liability partnership, limited liability company, registered series of a limited liability company, or foreign filing entity must file a certificate under this subchapter if the registered series or entity:


Tex. Business & Commerce Code Sec. 71.102. CONTENTS OF CERTIFICATE. The certificate must state:


Tex. Business & Commerce Code Sec. 71.103. PLACE OF FILING.


Tex. Business & Commerce Code Sec. 71.104. EXECUTION OF CERTIFICATE.


Tex. Business & Commerce Code Sec. 71.151. DURATION AND RENEWAL OF CERTIFICATE.


Tex. Business & Commerce Code Sec. 71.152. MATERIAL CHANGE IN INFORMATION; NEW CERTIFICATE.


Tex. Business & Commerce Code Sec. 71.153. ABANDONMENT OF USE OF BUSINESS OR PROFESSIONAL NAME.


Tex. Business & Commerce Code Sec. 71.154. INDEX OF CERTIFICATES.


Tex. Business & Commerce Code Sec. 71.155. FILING FEES.


Tex. Business & Commerce Code Sec. 71.156. PRESCRIBED FORMS.


Tex. Business & Commerce Code Sec. 71.157. EFFECT OF FILING.


Tex. Business & Commerce Code Sec. 71.158. FILING OF REPRODUCTION.


Tex. Business & Commerce Code Sec. 71.201. CIVIL ACTION; SANCTION.


Tex. Business & Commerce Code Sec. 71.202. CRIMINAL PENALTY: GENERAL VIOLATION.


Tex. Business & Commerce Code Sec. 71.203. CRIMINAL PENALTY: FRAUDULENT FILING.


Tex. Business & Commerce Code Sec. 72.001. DEFINITIONS. In this subchapter:


Tex. Business & Commerce Code Sec. 72.002. DESTRUCTION OF CERTAIN BUSINESS RECORDS.


Tex. Business & Commerce Code Sec. 72.003. RETENTION OF REPRODUCTION OF BUSINESS RECORDS. A law of this state that requires retention of a business record is satisfied by retention of a reproduction of the original record.


Tex. Business & Commerce Code Sec. 72.004. DISPOSAL OF BUSINESS RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION.


Tex. Business & Commerce Code Sec. 72.051. REQUIRED DELETION OF CERTAIN ELECTRONIC RECORDS.


Tex. Business & Commerce Code Sec. 73.001. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 73.002. REGISTRATION REQUIRED.


Tex. Business & Commerce Code Sec. 73.003. EXEMPTIONS. This chapter does not require registration by:


Tex. Business & Commerce Code Sec. 73.004. CONTENTS OF REGISTRATION; FEE.


Tex. Business & Commerce Code Sec. 73.005. TIMING OF REGISTRATION; CORRECTION REQUIRED.


Tex. Business & Commerce Code Sec. 73.006. FAILURE TO FILE REGISTRATION OR CORRECTION.


Tex. Business & Commerce Code Sec. 73.007. INTERAGENCY MEMORANDUM. The secretary of state and the State Board of Dental Examiners shall enter into an interagency memorandum to share the information collected by the secretary of state under this chapter with the board.


Tex. Business & Commerce Code Sec. 73.008. APPLICABILITY. This chapter does not limit nonclinical business support services that may be provided to a dentist by a dental support organization.


Tex. Business & Commerce Code Sec. 74.001. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 74.002. REGISTRATION REQUIRED.


Tex. Business & Commerce Code Sec. 74.003. EXEMPTIONS. This chapter does not require registration by:


Tex. Business & Commerce Code Sec. 74.004. CONTENTS OF REGISTRATION; FEE.


Tex. Business & Commerce Code Sec. 74.005. TIMING OF REGISTRATION; CORRECTION REQUIRED.


Tex. Business & Commerce Code Sec. 74.006. FAILURE TO FILE REGISTRATION OR CORRECTION.


Tex. Business & Commerce Code Sec. 74.007. INTERAGENCY MEMORANDUM. The secretary of state shall enter into an interagency memorandum to share the information collected by the secretary of state under this chapter with any relevant state agency.


Tex. Business & Commerce Code Sec. 74.008. APPLICABILITY. This chapter does not limit business support services that may be provided to an optometrist by a vision support organization, to the extent permitted under Section 351.408, Occupations Code.


Tex. Business & Commerce Code Sec. 74.009. LIMITATION ON OPTOMETRY BOARD RULEMAKING. The Texas Optometry Board may not adopt any rule limiting the right of an optometrist to contract with a vision support organization for business support services that are otherwise legally permissible.


Tex. Business & Commerce Code Sec. 8.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Investment Securities.


Tex. Business & Commerce Code Sec. 8.102. DEFINITIONS.


Tex. Business & Commerce Code Sec. 8.103. RULES FOR DETERMINING WHETHER CERTAIN OBLIGATIONS AND INTERESTS ARE SECURITIES OR FINANCIAL ASSETS.


Tex. Business & Commerce Code Sec. 8.104. ACQUISITION OF SECURITY OR FINANCIAL ASSET OR INTEREST THEREIN.


Tex. Business & Commerce Code Sec. 8.105. NOTICE OF ADVERSE CLAIM.


Tex. Business & Commerce Code Sec. 8.106. CONTROL.


Tex. Business & Commerce Code Sec. 8.107. WHETHER INDORSEMENT, INSTRUCTION, OR ENTITLEMENT ORDER IS EFFECTIVE.


Tex. Business & Commerce Code Sec. 8.108. WARRANTIES IN DIRECT HOLDING.


Tex. Business & Commerce Code Sec. 8.109. WARRANTIES IN INDIRECT HOLDING.


Tex. Business & Commerce Code Sec. 8.110. APPLICABILITY; CHOICE OF LAW.


Tex. Business & Commerce Code Sec. 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 if the rule conflicts with this chapter and affects another party who does not consent to the rule.


Tex. Business & Commerce Code Sec. 8.112. CREDITOR'S LEGAL PROCESS.


Tex. Business & Commerce Code Sec. 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 or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one year of its making.


Tex. Business & Commerce Code Sec. 8.114. EVIDENTIARY RULES CONCERNING CERTIFICATED SECURITIES. The following rules apply in an action on a certificated security against the issuer:


Tex. Business & Commerce Code Sec. 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 dealt with a financial asset at the direction of its customer or principal, is not liable to a person having an adverse claim to the financial asset, unless the securities intermediary, or broker or other agent or bailee:


Tex. Business & Commerce Code Sec. 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 purchaser for value of the financial asset. A securities intermediary that acquires a security entitlement to a financial asset from another securities intermediary acquires the security entitlement for value if the securities intermediary acquiring the security entitlement establishes a security entitlement to the financial asset in favor of an entitlement holder.


Tex. Business & Commerce Code Sec. 8.201. ISSUER.


Tex. Business & Commerce Code Sec. 8.202. ISSUER'S RESPONSIBILITY AND DEFENSES; NOTICE OF DEFECT OR DEFENSE.


Tex. Business & Commerce Code Sec. 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 a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer if the act or event:


Tex. Business & Commerce Code Sec. 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 unless:


Tex. Business & Commerce Code Sec. 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 a purchaser for value of the certificated security if the purchaser is without notice of the lack of authority and the signing has been done by:


Tex. Business & Commerce Code Sec. 8.206. COMPLETION OR ALTERATION OF SECURITY CERTIFICATE.


Tex. Business & Commerce Code Sec. 8.207. RIGHTS AND DUTIES OF ISSUER WITH RESPECT TO REGISTERED OWNERS.


Tex. Business & Commerce Code Sec. 8.208. EFFECT OF SIGNATURE OF AUTHENTICATING TRUSTEE, REGISTRAR, OR TRANSFER AGENT.


Tex. Business & Commerce Code Sec. 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 lien is noted conspicuously on the security certificate.


Tex. Business & Commerce Code Sec. 8.210. OVERISSUE.


Tex. Business & Commerce Code Sec. 8.301. DELIVERY.


Tex. Business & Commerce Code Sec. 8.302. RIGHTS OF PURCHASER.


Tex. Business & Commerce Code Sec. 8.303. PROTECTED PURCHASER.


Tex. Business & Commerce Code Sec. 8.304. INDORSEMENT.


Tex. Business & Commerce Code Sec. 8.305. INSTRUCTION.


Tex. Business & Commerce Code Sec. 8.306. EFFECT OF GUARANTEEING SIGNATURE, INDORSEMENT, OR INSTRUCTION.


Tex. Business & Commerce Code Sec. 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 requisite necessary to obtain registration of the transfer of the security, but if the transfer is not for value, a transferor need not comply unless the purchaser pays the necessary expenses. If the transferor fails within a reasonable time to comply with the demand, the purchaser may reject or rescind the transfer.


Tex. Business & Commerce Code Sec. 8.401. DUTY OF ISSUER TO REGISTER TRANSFER.


Tex. Business & Commerce Code Sec. 8.402. ASSURANCE THAT INDORSEMENT OR INSTRUCTION IS EFFECTIVE.


Tex. Business & Commerce Code Sec. 8.403. DEMAND THAT ISSUER NOT REGISTER TRANSFER.


Tex. Business & Commerce Code Sec. 8.404. WRONGFUL REGISTRATION.


Tex. Business & Commerce Code Sec. 8.405. REPLACEMENT OF LOST, DESTROYED, OR WRONGFULLY TAKEN SECURITY CERTIFICATE.


Tex. Business & Commerce Code Sec. 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 reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under Section 8.404 or a claim to a new security certificate under Section 8.405.


Tex. Business & Commerce Code Sec. 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 the issue of new security certificates or uncertificated securities, or in the cancellation of surrendered security certificates has the same obligation to the holder or owner of a certificated or uncertificated security with regard to the particular functions performed as the issuer has in regard to those functions.


Tex. Business & Commerce Code Sec. 8.501. SECURITIES ACCOUNT; ACQUISITION OF SECURITY ENTITLEMENT FROM SECURITIES INTERMEDIARY.


Tex. Business & Commerce Code Sec. 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 be asserted against a person who acquires a security entitlement under Section 8.501 for value and without notice of the adverse claim.


Tex. Business & Commerce Code Sec. 8.503. PROPERTY INTEREST OF ENTITLEMENT HOLDER IN FINANCIAL ASSET HELD BY SECURITIES INTERMEDIARY.


Tex. Business & Commerce Code Sec. 8.504. DUTY OF SECURITIES INTERMEDIARY TO MAINTAIN FINANCIAL ASSET.


Tex. Business & Commerce Code Sec. 8.505. DUTY OF SECURITIES INTERMEDIARY WITH RESPECT TO PAYMENTS AND DISTRIBUTIONS.


Tex. Business & Commerce Code Sec. 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 the duty if:


Tex. Business & Commerce Code Sec. 8.507. DUTY OF SECURITIES INTERMEDIARY TO COMPLY WITH ENTITLEMENT ORDER.


Tex. Business & Commerce Code Sec. 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 the entitlement holder is eligible or to cause the financial asset to be transferred to a securities account of the entitlement holder with another securities intermediary. A securities intermediary satisfies the duty if:


Tex. Business & Commerce Code Sec. 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.


Tex. Business & Commerce Code Sec. 8.510. RIGHTS OF PURCHASER OF SECURITY ENTITLEMENT FROM ENTITLEMENT HOLDER.


Tex. Business & Commerce Code Sec. 8.511. PRIORITY AMONG SECURITY INTERESTS AND ENTITLEMENT HOLDERS.


Tex. Business & Commerce Code Sec. 9.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Secured Transactions.


Tex. Business & Commerce Code Sec. 9.102. DEFINITIONS AND INDEX OF DEFINITIONS.


Tex. Business & Commerce Code Sec. 9.103. PURCHASE-MONEY SECURITY INTEREST; APPLICATION OF PAYMENTS; BURDEN OF ESTABLISHING.


Tex. Business & Commerce Code Sec. 9.104. CONTROL OF DEPOSIT ACCOUNT.


Tex. Business & Commerce Code Sec. 9.105. CONTROL OF ELECTRONIC CHATTEL PAPER.


Tex. Business & Commerce Code Sec. 9.106. CONTROL OF INVESTMENT PROPERTY.


Tex. Business & Commerce Code Sec. 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 person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under Section 5.114(c) or otherwise applicable law or practice.


Tex. Business & Commerce Code Sec. 9.1071. CONTROL OF VIRTUAL CURRENCY. A secured party has control of virtual currency as provided by Section 12.004.


Tex. Business & Commerce Code Sec. 9.108. SUFFICIENCY OF DESCRIPTION.


Tex. Business & Commerce Code Sec. 9.109. SCOPE.


Tex. Business & Commerce Code Sec. 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:


Tex. Business & Commerce Code Sec. 9.201. GENERAL EFFECTIVENESS OF SECURITY AGREEMENT.


Tex. Business & Commerce Code Sec. 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 regard to rights and obligations apply whether title to collateral is in the secured party or the debtor.


Tex. Business & Commerce Code Sec. 9.203. ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST; PROCEEDS; SUPPORTING OBLIGATIONS; FORMAL REQUISITES.


Tex. Business & Commerce Code Sec. 9.204. AFTER-ACQUIRED PROPERTY; FUTURE ADVANCES.


Tex. Business & Commerce Code Sec. 9.205. USE OR DISPOSITION OF COLLATERAL PERMISSIBLE.


Tex. Business & Commerce Code Sec. 9.206. SECURITY INTEREST ARISING IN PURCHASE OR DELIVERY OF FINANCIAL ASSET.


Tex. Business & Commerce Code Sec. 9.207. RIGHTS AND DUTIES OF SECURED PARTY HAVING POSSESSION OR CONTROL OF COLLATERAL.


Tex. Business & Commerce Code Sec. 9.208. ADDITIONAL DUTIES OF SECURED PARTY HAVING CONTROL OF COLLATERAL.


Tex. Business & Commerce Code Sec. 9.209. DUTIES OF SECURED PARTY IF ACCOUNT DEBTOR HAS BEEN NOTIFIED OF ASSIGNMENT.


Tex. Business & Commerce Code Sec. 9.210. REQUEST FOR ACCOUNTING; REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT.


Tex. Business & Commerce Code Sec. 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 priority of a security interest in collateral:


Tex. Business & Commerce Code Sec. 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 of an agricultural lien on the farm products.


Tex. Business & Commerce Code Sec. 9.303. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY A CERTIFICATE OF TITLE.


Tex. Business & Commerce Code Sec. 9.304. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNTS.


Tex. Business & Commerce Code Sec. 9.305. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.


Tex. Business & Commerce Code Sec. 9.306. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHTS.


Tex. Business & Commerce Code Sec. 9.307. LOCATION OF DEBTOR.


Tex. Business & Commerce Code Sec. 9.308. WHEN SECURITY INTEREST OR AGRICULTURAL LIEN IS PERFECTED; CONTINUITY OF PERFECTION.


Tex. Business & Commerce Code Sec. 9.309. SECURITY INTEREST PERFECTED UPON ATTACHMENT. The following security interests are perfected when they attach:


Tex. Business & Commerce Code Sec. 9.310. WHEN FILING REQUIRED TO PERFECT SECURITY INTEREST OR AGRICULTURAL LIEN; SECURITY INTERESTS AND AGRICULTURAL LIENS TO WHICH FILING PROVISIONS DO NOT APPLY.


Tex. Business & Commerce Code Sec. 9.311. PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS, AND TREATIES.


Tex. Business & Commerce Code Sec. 9.312. PERFECTION OF SECURITY INTERESTS IN CHATTEL PAPER, DEPOSIT ACCOUNTS, DOCUMENTS, AND GOODS COVERED BY DOCUMENTS, INSTRUMENTS, INVESTMENT PROPERTY, VIRTUAL CURRENCIES, LETTER-OF-CREDIT RIGHTS, AND MONEY; PERFECTION BY PERMISSIVE FILING; TEMPORARY PERFECTION WITHOUT FILING OR TRANSFER OF POSSESSION.


Tex. Business & Commerce Code Sec. 9.313. WHEN POSSESSION BY OR DELIVERY TO SECURED PARTY PERFECTS SECURITY INTEREST WITHOUT FILING.


Tex. Business & Commerce Code Sec. 9.314. PERFECTION BY CONTROL.


Tex. Business & Commerce Code Sec. 9.315. SECURED PARTY'S RIGHTS ON DISPOSITION OF COLLATERAL AND IN PROCEEDS.


Tex. Business & Commerce Code Sec. 9.316. EFFECT OF CHANGE IN GOVERNING LAW.


Tex. Business & Commerce Code Sec. 9.317. INTERESTS THAT TAKE PRIORITY OVER OR TAKE FREE OF SECURITY INTEREST OR AGRICULTURAL LIEN.


Tex. Business & Commerce Code Sec. 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.


Tex. Business & Commerce Code Sec. 9.319. RIGHTS AND TITLE OF CONSIGNEE WITH RESPECT TO CREDITORS AND PURCHASERS.


Tex. Business & Commerce Code Sec. 9.320. BUYERS OF GOODS.


Tex. Business & Commerce Code Sec. 9.321. LICENSEE OF GENERAL INTANGIBLE AND LESSEE OF GOODS IN ORDINARY COURSE OF BUSINESS.


Tex. Business & Commerce Code Sec. 9.322. PRIORITIES AMONG CONFLICTING SECURITY INTERESTS IN AND AGRICULTURAL LIENS ON SAME COLLATERAL.


Tex. Business & Commerce Code Sec. 9.323. FUTURE ADVANCES.


Tex. Business & Commerce Code Sec. 9.324. PRIORITY OF PURCHASE-MONEY SECURITY INTERESTS.


Tex. Business & Commerce Code Sec. 9.325. PRIORITY OF SECURITY INTERESTS IN TRANSFERRED COLLATERAL.


Tex. Business & Commerce Code Sec. 9.326. PRIORITY OF SECURITY INTERESTS CREATED BY NEW DEBTOR.


Tex. Business & Commerce Code Sec. 9.327. PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNT. The following rules govern priority among conflicting security interests in the same deposit account:


Tex. Business & Commerce Code Sec. 9.328. PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY. The following rules govern priority among conflicting security interests in the same investment property:


Tex. Business & Commerce Code Sec. 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:


Tex. Business & Commerce Code Sec. 9.330. PRIORITY OF PURCHASER OF CHATTEL PAPER OR INSTRUMENT.


Tex. Business & Commerce Code Sec. 9.331. PRIORITY OF RIGHTS OF PURCHASERS OF INSTRUMENTS, DOCUMENTS, SECURITIES, AND VIRTUAL CURRENCIES UNDER OTHER CHAPTERS; PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND SECURITY ENTITLEMENTS UNDER CHAPTER 8 AND VIRTUAL CURRENCIES UNDER CHAPTER 12.


Tex. Business & Commerce Code Sec. 9.332. TRANSFER OF MONEY; TRANSFER OF FUNDS FROM DEPOSIT ACCOUNT.


Tex. Business & Commerce Code Sec. 9.333. PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW.


Tex. Business & Commerce Code Sec. 9.334. PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS.


Tex. Business & Commerce Code Sec. 9.335. ACCESSIONS.


Tex. Business & Commerce Code Sec. 9.336. COMMINGLED GOODS.


Tex. Business & Commerce Code Sec. 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 that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:


Tex. Business & Commerce Code Sec. 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 time the financing statement is filed:


Tex. Business & Commerce Code Sec. 9.339. PRIORITY SUBJECT TO SUBORDINATION. This chapter does not preclude subordination by agreement by a person entitled to priority.


Tex. Business & Commerce Code Sec. 9.340. EFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT ACCOUNT.


Tex. Business & Commerce Code Sec. 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 a deposit account maintained with the bank are not terminated, suspended, or modified by:


Tex. Business & Commerce Code Sec. 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 or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer.


Tex. Business & Commerce Code Sec. 9.401. ALIENABILITY OF DEBTOR'S RIGHTS.


Tex. Business & Commerce Code Sec. 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 a secured party to liability in contract or tort for the debtor's acts or omissions.


Tex. Business & Commerce Code Sec. 9.403. AGREEMENT NOT TO ASSERT DEFENSES AGAINST ASSIGNEE.


Tex. Business & Commerce Code Sec. 9.404. RIGHTS ACQUIRED BY ASSIGNEE; CLAIMS AND DEFENSES AGAINST ASSIGNEE.


Tex. Business & Commerce Code Sec. 9.405. MODIFICATION OF ASSIGNED CONTRACT.


Tex. Business & Commerce Code Sec. 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.


Tex. Business & Commerce Code Sec. 9.407. RESTRICTIONS ON CREATION OR ENFORCEMENT OF SECURITY INTEREST IN LEASEHOLD INTEREST OR IN LESSOR'S RESIDUAL INTEREST.


Tex. Business & Commerce Code Sec. 9.408. RESTRICTIONS ON ASSIGNMENT OF PROMISSORY NOTES, HEALTH-CARE-INSURANCE RECEIVABLES, AND CERTAIN GENERAL INTANGIBLES INEFFECTIVE.


Tex. Business & Commerce Code Sec. 9.409. RESTRICTIONS ON ASSIGNMENT OF LETTER-OF-CREDIT RIGHTS INEFFECTIVE.


Tex. Business & Commerce Code Sec. 9.501. FILING OFFICE.


Tex. Business & Commerce Code Sec. 9.502. CONTENTS OF FINANCING STATEMENT; RECORD OF MORTGAGE AS FINANCING STATEMENT; TIME OF FILING FINANCING STATEMENT.


Tex. Business & Commerce Code Sec. 9.503. NAME OF DEBTOR AND SECURED PARTY.


Tex. Business & Commerce Code Sec. 9.504. INDICATION OF COLLATERAL. A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:


Tex. Business & Commerce Code Sec. 9.505. FILING AND COMPLIANCE WITH OTHER STATUTES AND TREATIES FOR CONSIGNMENTS, LEASES, OTHER BAILMENTS, AND OTHER TRANSACTIONS.


Tex. Business & Commerce Code Sec. 9.506. EFFECT OF ERRORS OR OMISSIONS.


Tex. Business & Commerce Code Sec. 9.507. EFFECT OF CERTAIN EVENTS ON EFFECTIVENESS OF FINANCING STATEMENT.


Tex. Business & Commerce Code Sec. 9.508. EFFECTIVENESS OF FINANCING STATEMENT IF NEW DEBTOR BECOMES BOUND BY SECURITY AGREEMENT.


Tex. Business & Commerce Code Sec. 9.509. PERSONS ENTITLED TO FILE A RECORD.


Tex. Business & Commerce Code Sec. 9.510. EFFECTIVENESS OF FILED RECORD.


Tex. Business & Commerce Code Sec. 9.511. SECURED PARTY OF RECORD.


Tex. Business & Commerce Code Sec. 9.512. AMENDMENT OF FINANCING STATEMENT.


Tex. Business & Commerce Code Sec. 9.513. TERMINATION STATEMENT.


Tex. Business & Commerce Code Sec. 9.514. ASSIGNMENT OF POWERS OF SECURED PARTY OF RECORD.


Tex. Business & Commerce Code Sec. 9.515. DURATION AND EFFECTIVENESS OF FINANCING STATEMENT; EFFECT OF LAPSED FINANCING STATEMENT.


Tex. Business & Commerce Code Sec. 9.516. WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.


Tex. Business & Commerce Code Sec. 9.517. EFFECT OF INDEXING ERRORS. The failure of the filing office to index a record or to correctly index information contained in a record does not affect the effectiveness of the filed record.


Tex. Business & Commerce Code Sec. 9.518. CLAIM CONCERNING INACCURATE OR WRONGFULLY FILED RECORD.


Tex. Business & Commerce Code Sec. 9.5185. FRAUDULENT FILING.


Tex. Business & Commerce Code Sec. 9.519. NUMBERING, MAINTAINING, AND INDEXING RECORDS; COMMUNICATING INFORMATION PROVIDED IN RECORDS.


Tex. Business & Commerce Code Sec. 9.520. ACCEPTANCE AND REFUSAL TO ACCEPT RECORD.


Tex. Business & Commerce Code Sec. 9.5211. UNIFORM FORM OF WRITTEN FINANCING STATEMENT AND AMENDMENT.


Tex. Business & Commerce Code Sec. 9.522. MAINTENANCE AND DESTRUCTION OF RECORDS.


Tex. Business & Commerce Code Sec. 9.523. INFORMATION FROM FILING OFFICE; SALE OR LICENSE OF RECORDS.


Tex. Business & Commerce Code Sec. 9.524. DELAY BY FILING OFFICE. Delay by the filing office beyond a time limit prescribed by this subchapter is excused if:


Tex. Business & Commerce Code Sec. 9.525. FEES.


Tex. Business & Commerce Code Sec. 9.526. FILING-OFFICE RULES.


Tex. Business & Commerce Code Sec. 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 must contain a statement of the extent to which:


Tex. Business & Commerce Code Sec. 9.601. RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.


Tex. Business & Commerce Code Sec. 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 party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:


Tex. Business & Commerce Code Sec. 9.603. AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES.


Tex. Business & Commerce Code Sec. 9.604. PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES.


Tex. Business & Commerce Code Sec. 9.605. UNKNOWN DEBTOR OR SECONDARY OBLIGOR. A secured party does not owe a duty based on its status as secured party:


Tex. Business & Commerce Code Sec. 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 lien in accordance with the statute under which it was created.


Tex. Business & Commerce Code Sec. 9.607. COLLECTION AND ENFORCEMENT BY SECURED PARTY.


Tex. Business & Commerce Code Sec. 9.608. APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.


Tex. Business & Commerce Code Sec. 9.609. SECURED PARTY'S RIGHT TO TAKE POSSESSION AFTER DEFAULT.


Tex. Business & Commerce Code Sec. 9.610. DISPOSITION OF COLLATERAL AFTER DEFAULT.


Tex. Business & Commerce Code Sec. 9.611. NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.


Tex. Business & Commerce Code Sec. 9.612. TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.


Tex. Business & Commerce Code Sec. 9.613. CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL: GENERAL. Except in a consumer-goods transaction, the following rules apply:


Tex. Business & Commerce Code Sec. 9.614. CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL: CONSUMER-GOODS TRANSACTION. In a consumer-goods transaction, the following rules apply:


Tex. Business & Commerce Code Sec. 9.615. APPLICATION OF PROCEEDS OF DISPOSITION; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.


Tex. Business & Commerce Code Sec. 9.616. EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY.


Tex. Business & Commerce Code Sec. 9.617. RIGHTS OF TRANSFEREE OF COLLATERAL.


Tex. Business & Commerce Code Sec. 9.618. RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS.


Tex. Business & Commerce Code Sec. 9.619. TRANSFER OF RECORD OR LEGAL TITLE.


Tex. Business & Commerce Code Sec. 9.620. ACCEPTANCE OF COLLATERAL IN FULL OR PARTIAL SATISFACTION OF OBLIGATION; COMPULSORY DISPOSITION OF COLLATERAL.


Tex. Business & Commerce Code Sec. 9.621. NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.


Tex. Business & Commerce Code Sec. 9.622. EFFECT OF ACCEPTANCE OF COLLATERAL.


Tex. Business & Commerce Code Sec. 9.623. RIGHT TO REDEEM COLLATERAL.


Tex. Business & Commerce Code Sec. 9.624. WAIVER.


Tex. Business & Commerce Code Sec. 9.625. REMEDIES FOR SECURED PARTY'S FAILURE TO COMPLY WITH CHAPTER.


Tex. Business & Commerce Code Sec. 9.626. ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.


Tex. Business & Commerce Code Sec. 9.627. DETERMINATION OF WHETHER CONDUCT WAS COMMERCIALLY REASONABLE.


Tex. Business & Commerce Code Sec. 9.628. NONLIABILITY AND LIMITATION ON LIABILITY OF SECURED PARTY; LIABILITY OF SECONDARY OBLIGOR.


Tex. Business & Commerce Code Sec. 9.701. EFFECTIVE DATE OF REVISIONS.


Tex. Business & Commerce Code Sec. 9.702. SAVING CLAUSE.


Tex. Business & Commerce Code Sec. 9.703. SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE.


Tex. Business & Commerce Code Sec. 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 a lien creditor at that time:


Tex. Business & Commerce Code Sec. 9.705. EFFECTIVENESS OF ACTION TAKEN BEFORE EFFECTIVE DATE.


Tex. Business & Commerce Code Sec. 9.706. WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT.


Tex. Business & Commerce Code Sec. 9.707. AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT.


Tex. Business & Commerce Code Sec. 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:


Tex. Business & Commerce Code Sec. 9.709. PRIORITY.


Tex. Business & Commerce Code Sec. 9.801. EFFECTIVE DATE OF AMENDMENTS.


Tex. Business & Commerce Code Sec. 9.802. SAVING CLAUSE.


Tex. Business & Commerce Code Sec. 9.803. SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE.


Tex. Business & Commerce Code Sec. 9.804. SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE. A security interest that is an unperfected security interest immediately before July 1, 2013, becomes a perfected security interest:


Tex. Business & Commerce Code Sec. 9.805. EFFECTIVENESS OF ACTION TAKEN BEFORE EFFECTIVE DATE.


Tex. Business & Commerce Code Sec. 9.806. WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT.


Tex. Business & Commerce Code Sec. 9.807. AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT.


Tex. Business & Commerce Code Sec. 9.808. PERSON 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:


Tex. Business & Commerce Code Sec. 9.809. PRIORITY. The 2013 amendments determine the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, this chapter as it existed before amendment determines priority.


Tex. Business & Commerce Code Sec. 91.001. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 91.051. WRITTEN AGREEMENT REQUIRED FOR DAMAGE WAIVER. A rental company may not sell a damage waiver unless the renter agrees to the damage waiver in writing at or before the time the rental agreement is executed.


Tex. Business & Commerce Code Sec. 91.052. NOTICE TO RENTER.


Tex. Business & Commerce Code Sec. 91.053. POSTED NOTICE. In addition to providing the notice required by Section 91.052, a rental company shall post in a conspicuous location where the damage waiver is offered the following notice:


Tex. Business & Commerce Code Sec. 91.054. PROHIBITED REPRESENTATIONS AND COERCION.


Tex. Business & Commerce Code Sec. 91.055. MANDATORY CHARGE.


Tex. Business & Commerce Code Sec. 91.056. VOIDING OF DAMAGE WAIVER. A rental company may not void a damage waiver unless:


Tex. Business & Commerce Code Sec. 91.057. REFUND OF DAMAGE WAIVER CHARGE. A rental company shall issue to a renter a refund of any damage waiver charges charged or collected for a period that exceeds the number of calendar days a damage waiver is in effect if:


Tex. Business & Commerce Code Sec. 91.101. CIVIL PENALTY. A rental company that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each act of violation.


Tex. Business & Commerce Code Sec. 91.102. INJUNCTION. A person injured or threatened with injury by a violation of this chapter may seek injunctive relief against the person committing or threatening to commit the violation.


Tex. Business & Commerce Code Sec. 91.103. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF. The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 91.101, injunctive relief under Section 91.102, or both.


Tex. Business & Commerce Code Sec. 92.001. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 92.002. ADVERTISEMENT REQUIREMENTS. 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 particular item under the agreement must clearly and conspicuously state:


Tex. Business & Commerce Code Sec. 92.051. FORM OF AGREEMENT.


Tex. Business & Commerce Code Sec. 92.052. REQUIRED DISCLOSURES.


Tex. Business & Commerce Code Sec. 92.053. OTHER REQUIRED PROVISIONS. A rental-purchase agreement must provide that:


Tex. Business & Commerce Code Sec. 92.054. PROHIBITED PROVISIONS.


Tex. Business & Commerce Code Sec. 92.055. RESTRICTIONS ON LATE CHARGES AND REINSTATEMENT FEES.


Tex. Business & Commerce Code Sec. 92.101. MERCHANT'S REPOSSESSION RIGHT. This chapter does not prevent a merchant from attempting repossession of merchandise during the reinstatement period.


Tex. Business & Commerce Code Sec. 92.102. EFFECT OF REPOSSESSION DURING REINSTATEMENT PERIOD. A consumer's right to reinstate a rental-purchase agreement is not affected by the merchant's repossession of the merchandise during the reinstatement period.


Tex. Business & Commerce Code Sec. 92.103. EFFECT ON REINSTATEMENT PERIOD OF MERCHANDISE RETURN. If merchandise is returned during the applicable reinstatement period, other than through judicial process, the right to reinstate the rental-purchase agreement is extended for a period of not less than 30 days after the date of return.


Tex. Business & Commerce Code Sec. 92.104. MERCHANT'S DUTIES ON REINSTATEMENT.


Tex. Business & Commerce Code Sec. 92.151. CONTRACT FOR WAIVER. In addition to other charges permitted by this chapter, a consumer may contract for a loss damage waiver.


Tex. Business & Commerce Code Sec. 92.152. CHARGE FOR WAIVER. A merchant may charge a periodic fee for a loss damage waiver in an amount not to exceed 10 percent of the periodic rental payment.


Tex. Business & Commerce Code Sec. 92.153. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. A merchant may not:


Tex. Business & Commerce Code Sec. 92.154. REQUIRED NOTICE IN WAIVER. A contract that offers a loss damage waiver must include the following notice:


Tex. Business & Commerce Code Sec. 92.155. STATEMENT OF TOTAL CHARGE. A loss damage waiver agreement must include a statement of the total charge for the loss damage waiver.


Tex. Business & Commerce Code Sec. 92.156. AUTHORIZED EXCLUSIONS. A loss damage waiver may exclude:


Tex. Business & Commerce Code Sec. 92.157. RELATIONSHIP TO INSURANCE. A loss damage waiver is not insurance.


Tex. Business & Commerce Code Sec. 92.201. ACTION FOR VIOLATION OF CHAPTER.


Tex. Business & Commerce Code Sec. 92.202. DECEPTIVE TRADE PRACTICE. A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17.


Tex. Business & Commerce Code Sec. 93.001. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 93.002. CONTRACT FOR LOSS DAMAGE WAIVER. A customer may contract with a merchant for a heavy equipment loss damage waiver in connection with a rental agreement.


Tex. Business & Commerce Code Sec. 93.003. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. A merchant may not:


Tex. Business & Commerce Code Sec. 93.004. REQUIRED NOTICE. A contract that offers a heavy equipment loss damage waiver must include the following notice:


Tex. Business & Commerce Code Sec. 93.005. STATEMENT OF TOTAL CHARGE. A heavy equipment loss damage waiver agreement must include a statement of the total charge for the waiver.


Tex. Business & Commerce Code Sec. 93.006. AUTHORIZED EXCLUSIONS. A heavy equipment loss damage waiver may exclude:


Tex. Business & Commerce Code Sec. 93.007. RELATIONSHIP TO INSURANCE. A heavy equipment loss damage waiver is not insurance.


Tex. Business & Commerce Code Sec. 93.008. CIVIL PENALTY. A merchant that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each act of violation.


Tex. Business & Commerce Code Sec. 93.009. INJUNCTIVE RELIEF. A person injured or threatened with injury by a violation of this chapter may seek injunctive relief against the person committing or threatening to commit the violation.


Tex. Business & Commerce Code Sec. 93.010. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF. The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 93.008, injunctive relief under Section 93.009, or both.


Tex. Business & Commerce Code Sec. 94.001. DEFINITIONS. In this chapter:


Tex. Business & Commerce Code Sec. 94.002. CONTRACT FOR EXCESS WEAR AND USE WAIVER. A lessee may contract with a lessor for an excess wear and use waiver in connection with a lease agreement.


Tex. Business & Commerce Code Sec. 94.003. RESTRICTIONS ON LESSOR CONCERNING EXCESS WEAR AND USE WAIVER. A lessor may not:


Tex. Business & Commerce Code Sec. 94.004. REQUIRED NOTICE. An excess wear and use waiver must be in writing and include a notice substantially similar to the following:


Tex. Business & Commerce Code Sec. 94.005. REQUIRED DISCLOSURES. A lease agreement that includes an excess wear and use waiver must disclose:


Tex. Business & Commerce Code Sec. 94.006. RELATIONSHIP TO INSURANCE. An excess wear and use waiver is not insurance.


Tex. Business & Commerce Code Sec. 94.007. CIVIL PENALTY. A lessor that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each violation.


Tex. Business & Commerce Code Sec. 94.008. INJUNCTIVE RELIEF. A person injured or threatened with injury by a violation of this chapter may seek injunctive relief against the person committing or threatening to commit the violation.


Tex. Business & Commerce Code Sec. 94.009. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF. The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 94.007, injunctive relief under Section 94.008, or both.


§1. Trusts, etc., in restraint of trade illegal; penalty Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court. (July 2, 1890, ch. 647, §1, 26 Stat. 209 ; Aug. 17, 1937, ch. 690, title VIII, 50 Stat. 693 ; July 7, 1955, ch. 281, 69 Stat. 282 ; Pub. L. 93–528, §3, Dec. 21, 1974, 88 Stat. 1708 ; Pub. L. 94–145, §2, Dec. 12, 1975, 89 Stat. 801 ; Pub. L. 101–588, §4(a), Nov. 16, 1990, 104 Stat. 2880 ; Pub. L. 108–237, title II, §215(a), June 22, 2004, 118 Stat. 668 .)

Commerce & Trade (antitrust, securities, consumer protection)


§ 1125. False designations of origin, false descriptions, and dilution forbidden


§ 15. Suits by persons injured


§ 1114. Remedies; infringement; innocent infringement by printers and publishers


§1692. Congressional findings and declaration of purpose


§2. Monopolizing trade a felony; penalty Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court. (July 2, 1890, ch. 647, §2, 26 Stat. 209 ; July 7, 1955, ch. 281, 69 Stat. 282 ; Pub. L. 93–528, §3, Dec. 21, 1974, 88 Stat. 1708 ; Pub. L. 101–588, §4(b), Nov. 16, 1990, 104 Stat. 2880 ; Pub. L. 108–237, title II, §215(b), June 22, 2004, 118 Stat. 668 .)


§1601. Congressional findings and declaration of purpose


§1127. Construction and definitions; intent of chapter In the construction of this chapter, unless the contrary is plainly apparent from the context- The United States includes and embraces all territory which is under its jurisdiction and control. The word "commerce" means all commerce which may lawfully be regulated by Congress. The term "principal register" refers to the register provided for by sections 1051 to 1072 of this title, and the term "supplemental register" refers to the register provided for by sections 1091 to 1096 of this title. The term "person" and any other word or term used to designate the applicant or other entitled to a benefit or privilege or rendered liable under the provisions of this chapter includes a juristic person as well as a natural person. The term "juristic person" includes a firm, corporation, union, association, or other organization capable of suing and being sued in a court of law. The term "person" also includes the United States, any agency or instrumentality thereof, or any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States. The United States, any agency or instrumentality thereof, and any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity. The term "person" also includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity. The terms "applicant" and "registrant" embrace the legal representatives, predecessors, successors and assigns of such applicant or registrant. The term "Director" means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. The term "related company" means any person whose use of a mark is controlled by the owner of the mark with respect to the nature and quality of the goods or services on or in connection with which the mark is used. The terms "trade name" and "commercial name" mean any name used by a person to identify his or her business or vocation. The term "trademark" includes any word, name, symbol, or device, or any combination thereof-


§45. Unfair methods of competition unlawful; prevention by Commission


§ 1051. Application for registration; verification


§ 1117. Recovery for violation of rights


§1640. Civil liability


§ 13. Discrimination in price, services, or facilities


§ 1692e. False or misleading representations


§1681. Congressional findings and statement of purpose


§ 1692k. Civil liability


§ 1052. Trademarks registrable on principal register; concurrent registration


§ 1692a. Definitions


§ 1115. Registration on principal register as evidence of exclusive right to use mark; defenses


§ 18. Acquisition by one corporation of stock of another


§ 26. Injunctive relief for private parties; exception; costs


§ 1121. Jurisdiction of Federal courts; State and local requirements that registered trademarks be altered or displayed differently; prohibition


§ 1692g. Validation of debts


§ 1635. Right of rescission as to certain transactions


§ 14. Sale, etc., on agreement not to use goods of competitor


§ 1065. Incontestability of right to use mark under certain conditions


§ 1012. Regulation by State law; Federal law relating specifically to insurance; applicability of certain Federal laws after June 30, 1948


§ 1116. Injunctive relief


§717. Regulation of natural gas companies


§ 2301. Definitions


§ 1692f. Unfair practices


§ 1602. Definitions and rules of construction


§ 15b. Limitation of actions


§ 1681n. Civil liability for willful noncompliance


§ 1057. Certificates of registration


§ 717r. Rehearing and review


§ 1691. Scope of prohibition


§ 1064. Cancellation of registration


§ 1011. Declaration of policy


§ 717f. Construction, extension, or abandonment of facilities


§2801. Definitions As used in this subchapter: (1)(A) The term "franchise" means any contract-


§ 2310. Remedies in consumer disputes


§ 1638. Transactions other than under an open end credit plan


§ 1681a. Definitions; rules of construction


§ 717c. Rates and charges


§ 22. District in which to sue corporation


§ 16. Judgments


§2802. Franchise relationship


§ 1681b. Permissible purposes of consumer reports


§ 1119. Power of court over registration


§ 1692d. Harassment or abuse


§ 1692c. Communication in connection with debt collection


§ 1681e. Compliance procedures


§ 53. False advertisements; injunctions and restraining orders


§ 1605. Determination of finance charge


§2805. Enforcement provisions


§1604. Disclosure guidelines


§ 1639. Requirements for certain mortgages


§ 1071. Appeal to courts


§ 17. Antitrust laws not applicable to labor organizations


§ 637. Additional powers


§ 1641. Liability of assignees


§ 1221. Definitions


§ 12. Definitions; short title


§ 1681i. Procedure in case of disputed accuracy


§80b–6. Prohibited transactions by investment advisers It shall be unlawful for any investment adviser by use of the mails or any means or instrumentality of interstate commerce, directly or indirectly-


§ 1681o. Civil liability for negligent noncompliance


§ 49. Documentary evidence; depositions; witnesses


§1381. Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379 Section, Pub. L. 89–563, §1, Sept. 9, 1966, 80 Stat. 718 , provided congressional declaration of purpose of this chapter. See section 30101 of Title 49, Transportation.


§ 1701. Definitions


§41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission's membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have an official seal, which shall be judicially noticed. (Sept. 26, 1914, ch. 311, §1, 38 Stat. 717 ; Mar. 21, 1938, ch. 49, §1, 52 Stat. 111 ; 1950 Reorg. Plan No. 8, §3, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265.)


§4. Jurisdiction of courts; duty of United States attorneys; procedure The several district courts of the United States are invested with jurisdiction to prevent and restrain violations of sections 1 to 7 of this title; and it shall be the duty of the several United States attorneys, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. (July 2, 1890, ch. 647, §4, 26 Stat. 209 ; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167 ; June 25, 1948, ch. 646, §1, 62 Stat. 909 .)


§ 717d. Fixing rates and charges; determination of cost of production or transportation


§1331. Congressional declaration of policy and purpose It is the policy of the Congress, and the purpose of this chapter, to establish a comprehensive Federal Program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health, whereby-


§ 634. General powers


§80a–35. Breach of fiduciary duty


§1334. Preemption


§ 1703. Requirements respecting sale or lease of lots


§ 1681h. Conditions and form of disclosure to consumers


§ 1691e. Civil liability


§ 2804. Notification of termination or nonrenewal of franchise relationship


§ 1681p. Jurisdiction of courts; limitation of actions


§ 1681c. Requirements relating to information contained in consumer reports


§ 1222. Authorization of suits against manufacturers; amount of recovery; defenses


§ 631. Declaration of policy


§ 1631. Disclosure requirements


§ 21. Enforcement provisions


§ 1058. Duration, affidavits and fees


§ 2601. Findings, policy, and intent


§ 1261. Definitions


§ 3301. Definitions


§80a–2. Definitions; applicability; rulemaking considerations


§1693. Congressional findings and declaration of purpose


§ 1673. Restriction on garnishment


§ 1681t. Relation to State laws


§ 1681s. Administrative enforcement


§ 46. Additional powers of Commission


§ 1681m. Requirements on users of consumer reports


§ 2051. Congressional findings and declaration of purpose


§ 1072. Registration as constructive notice of claim of ownership


§1637. Open end consumer credit plans


§ 1120. Civil liability for false or fraudulent registration


§ 1126. International conventions


§ 6a. Conduct involving trade or commerce with foreign nations


§ 25. Restraining violations; procedure


§2806. Relationship of statutory provisions to State and local laws


§ 1603. Exempted transactions


§ 1702. Exemptions


§ 1691a. Definitions; rules of construction


§ 1692i. Legal actions by debt collectors


§80b–3. Registration of investment advisers


§ 1013. Suspension until June 30, 1948 , of application of certain Federal laws; Sherman Act applicable to agreements to, or acts of, boycott, coercion, or intimidation


§ 1124. Importation of goods bearing infringing marks or names forbidden


§ 2605. Prioritization, risk evaluation, and regulation of chemical substances and mixtures


§ 1063. Opposition to registration


§ 18a. Premerger notification and waiting period


§ 2308. Implied warranties


§ 2302. Rules governing contents of warranties


§ 636. Additional powers


§80b–2. Definitions


§1333. Labeling


§ 2304. Federal minimum standards for warranties


§ 50. Offenses and penalties


§ 1055. Use by related companies affecting validity and registration


§ 1681g. Disclosures to consumers


§ 1709. Civil liabilities


§ 1666. Correction of billing errors


§ 57a. Unfair or deceptive acts or practices rulemaking proceedings


§ 714b. General powers of Corporation


§ 761. Congressional declaration of purpose


§ 1060. Assignment


§ 13a. Discrimination in rebates, discounts, or advertising service charges; underselling in particular localities; penalties


§ 1667. Definitions


§80a–15. Contracts of advisers and underwriters


§ 1111. Notice of registration; display with mark; recovery of profits and damages in infringement suit


§ 1632. Form of disclosure; additional information


§80a–1. Findings and declaration of policy


§ 1610. Effect on other laws


§80a–17. Transactions of certain affiliated persons and underwriters


§80a–3. Definition of investment company


§ 1118. Destruction of infringing articles


§ 2064. Substantial product hazards


§ 1053. Service marks registrable


§ 1644. Fraudulent use of credit cards; penalties


§ 1679. Findings and purposes


§ 1711. Limitation of actions


§ 2606. Imminent hazards


§ 1693m. Civil liability


§ 717a. Definitions


§ 15c. Actions by State attorneys general


§ 1607. Administrative enforcement


§ 717b. Exportation or importation of natural gas; LNG terminals


§ 19. Interlocking directorates and officers


§ 7. “Person” or “persons” defined


§ 2072. Suits for damages


§ 35. Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity


§ 1692b. Acquisition of location information


§ 2052. Definitions


§ 632. Definitions


§ 1672. Definitions


§ 2619. Citizens’ civil actions


§ 52. Dissemination of false advertisements


§ 714. Creation and purpose of Corporation