Title BC, Business and Commerce Code

Sec. 109.003. DUTY TO PUBLISH COMPLETE AND ACCURATE CRIMINAL RECORD INFORMATION. (a) A business entity must ensure that criminal record information the entity publishes is complete and accurate. (b) For purposes of this chapter, criminal record information published by a business…

Sec. 109.004. DISPUTING COMPLETENESS OR ACCURACY OF INFORMATION. (a) A business entity shall clearly and conspicuously publish an e-mail address, fax number, or mailing address to enable a person who is the subject of criminal record information published by the entity to dispute…

Sec. 109.0045. PUBLICATION OF CONFIDENTIAL JUVENILE RECORD INFORMATION OR CONFIDENTIAL CRIMINAL RECORD INFORMATION OF A CHILD PROHIBITED. (a) A business entity may not publish confidential juvenile record information or confidential criminal record information of a child. (b) If …

Sec. 109.005. PUBLICATION OF CERTAIN CRIMINAL RECORD INFORMATION PROHIBITED; CIVIL LIABILITY. (a) A business entity may not publish any criminal record information in the business entity's possession with respect to which the business entity has knowledge or has received notice t…

Sec. 109.006. CIVIL PENALTY; INJUNCTION. (a) A business entity that publishes criminal record information, confidential juvenile record information, or confidential criminal record information of a child in violation of this chapter is liable to the state for a civil penalty in a…

Sec. 109.007. VENUE. An action under this chapter must be brought in a district court: (1) in Travis County if the action is brought by the attorney general; (2) in the county in which the person who is the subject of the criminal record information, confidential juvenile record …

Sec. 109.008. CUMULATIVE REMEDIES. The actions and remedies provided by this chapter are not exclusive and are in addition to any other action or remedy provided by law. Added by Acts 2013, 83rd Leg., R.S., Ch. 1200 (S.B. 1289), Sec. 1, eff. September 1, 2013.

Sec. 110.001. DEFINITIONS. In this chapter: (1) "Child pornography" means an image of a child engaging in sexual conduct or sexual performance. (2) "Commercial mobile service provider" has the meaning assigned by Section 64.201, Utilities Code. (3) "Computer technician" means an …

Sec. 110.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY. (a) A computer technician who, in the course and scope of employment or business, views an image on a computer that is or appears to be child pornography shall immediately report the discovery of the image to a local or stat…

Sec. 110.003. CRIMINAL PENALTY. (a) A person who intentionally fails to report an image in violation of this chapter commits an offense. An offense under this subsection is a Class B misdemeanor. (b) It is a defense to prosecution under this section that the actor did not report …

Sec. 111.001. DEFINITIONS. In this chapter: (1) "Cardholder" means the person named on the face of a credit or debit card to whom or for whose benefit the card is issued. (2) "Credit card" means a card or device issued under an agreement by which the issuer gives to a cardholder …

Sec. 111.002. CHARGES AND FEES FOR CERTAIN PAYMENTS AT PRIVATE SCHOOLS. (a) This section applies to a payment of tuition, a fee, or another charge to a private school that is made or authorized in person, by mail, by telephone call, or through the Internet by means of: (1) a cred…

Sec. 112.001. SHORT TITLE. This chapter may be cited as the Facilitating Business Rapid Response to State Declared Disasters Act. Added by Acts 2015, 84th Leg., R.S., Ch. 559 (H.B. 2358), Sec. 1, eff. June 16, 2015.

Sec. 112.002. LEGISLATIVE FINDINGS. The legislature finds that: (1) during times of storm, flood, fire, earthquake, hurricane, or other disaster or emergency, many Texas businesses bring in resources and personnel from other states on a temporary basis to expedite the often enorm…

Sec. 112.003. DEFINITIONS. In this chapter: (1) "Affiliate" means a member of a combined group as that term is described by Section 171.1014, Tax Code. (2) "Critical infrastructure" means equipment and property that is owned or used by a telecommunications provider or cable opera…

Sec. 112.004. EXEMPTION OF OUT-OF-STATE BUSINESS ENTITY FROM CERTAIN OBLIGATIONS DURING DISASTER RESPONSE PERIOD. Notwithstanding any other law and except as provided by Section 112.006, an out-of-state business entity whose transaction of business in this state is limited to the…

Sec. 112.005. EXEMPTION OF OUT-OF-STATE EMPLOYEE FROM CERTAIN OBLIGATIONS DURING DISASTER RESPONSE PERIOD. Notwithstanding any other law and except as provided by Section 112.006, an out-of-state employee whose only employment in this state is for the performance of disaster- or …

Sec. 112.006. TRANSACTION TAXES AND FEES. An out-of-state business entity whose transaction of business in this state is limited to the performance of disaster- or emergency-related work during a disaster response period or an out-of-state employee whose only employment in this s…

Sec. 112.007. NOTIFICATION PROCEDURES. (a) If requested by the secretary of state, an out-of-state business entity shall provide to the secretary of state a statement that the entity came to this state for the purpose of performing disaster- or emergency-related work during a dis…

Sec. 112.008. OBLIGATIONS OF OUT-OF-STATE BUSINESS ENTITIES AND EMPLOYEES AFTER DISASTER RESPONSE PERIOD. An out-of-state business entity or out-of-state employee who remains in this state after a disaster response period is not entitled to any exemptions from obligations provide…

Sec. 112.009. REGULATIONS. The secretary of state shall adopt regulations, including developing any necessary forms or processes, to implement this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 559 (H.B. 2358), Sec. 1, eff. June 16, 2015.

Sec. 113.0001. DEFINITIONS. In this chapter: (1) "Agreement" means the terms and conditions applicable to an owner and driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. The term does not include a rental agreement as defined by Section 91.…

Sec. 113.0002. APPLICABILITY OF CHAPTER. This chapter applies to automobile insurance policies in this state, including policies issued by a Lloyd's plan, a reciprocal or interinsurance exchange, or a county mutual insurance company. Added by Acts 2021, 87th Leg., R.S., Ch. 445 (…

Sec. 113.0003. CONSTRUCTION OF CHAPTER. Nothing in this chapter may be construed to: (1) limit the liability of a peer-to-peer car sharing program for any act or omission of the program itself that results in injury to a person as a result of the use of a shared vehicle through t…

Sec. 113.0004. RULES. The commissioner of insurance may adopt rules necessary to implement this chapter. Added by Acts 2021, 87th Leg., R.S., Ch. 445 (H.B. 113), Sec. 1, eff. September 1, 2021. SUBCHAPTER B. ASSUMPTION OF LIABILITY AND INSURANCE REQUIREMENTS

Sec. 113.0051. ASSUMPTION OF LIABILITY BY PEER-TO-PEER CAR SHARING PROGRAM. (a) Except as provided by Subsection (b), a peer-to-peer car sharing program shall assume liability of an owner for bodily injury or property damage to third parties or uninsured or underinsured motorist …

Sec. 113.0052. INSURANCE REQUIRED. (a) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the owner and the driver are insured under an automobile liability insurance policy that meets the requirements of this subchapter. (b) Insurance maintaine…

Sec. 113.0053. AUTOMOBILE INSURANCE POLICY EXCLUSIONS. An automobile insurer may exclude any coverage and the duty to defend or indemnify for any claim afforded under an owner's automobile insurance policy during a car sharing period, including an exclusion of: (1) liability cove…

Sec. 113.0054. CLAIMS RELATED TO PEER-TO-PEER CAR SHARING. (a) An insurer or peer-to-peer car sharing program providing coverage under Section 113.0052(a) shall assume primary liability for a claim when: (1) a dispute exists as to who was in control of the shared vehicle at the t…

Sec. 113.0055. VICARIOUS LIABILITY. Notwithstanding any other law, a peer-to-peer car sharing program and an owner are not liable under a theory of vicarious liability in accordance with 49 U.S.C. Section 30106 or under any state or local law that imposes liability solely based o…

Sec. 113.0056. CONTRIBUTION. An automobile insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of the insurer's policy may seek recovery against the peer-to-peer car sharing program's automobile insurer if the claim is: (1) made a…

Sec. 113.0057. INSURABLE INTEREST. (a) Notwithstanding any other law, a peer-to-peer car sharing program has an insurable interest in a shared vehicle during the car sharing period. (b) Nothing in this section creates a duty on a peer-to-peer car sharing program to maintain the c…

Sec. 113.0058. INSURANCE REQUIREMENTS. (a) An insurance policy providing coverage described by Section 113.0057(c)(2) or (4) must expressly provide liability coverage, without prior notice to the insurer, for all shared vehicles during the car sharing period, subject to any condi…

Sec. 113.0101. REQUIRED DISCLOSURES AND NOTICE. (a) Each agreement entered into in this state must disclose to the owner and the driver: (1) any right of the peer-to-peer car sharing program to seek indemnification from the owner or driver for economic loss sustained by the progr…

Sec. 113.0102. AUTHORIZATION TO DRIVE REQUIRED. A peer-to-peer car sharing program may not enter into an agreement with a driver unless the driver who will operate the shared vehicle: (1) is a resident of this state and holds a driver's license issued by this state that authorize…

Sec. 113.0103. RECORD RETENTION. (a) A peer-to-peer car sharing program shall keep and maintain a record of: (1) the name and address of each driver who has entered into an agreement with the program; and (2) the driver's license number and place of issuance of each driver and in…

Sec. 113.0104. RESPONSIBILITY FOR CAR SHARING EQUIPMENT. (a) A peer-to-peer car sharing program is solely responsible for any equipment, including a global positioning system device or other special equipment, placed in or on a shared vehicle used under the program to monitor or …

Sec. 113.0105. AUTOMOBILE SAFETY RECALL. (a) When a person registers as an owner on a peer-to-peer car sharing program and before the owner makes a shared vehicle available for car sharing on the program, the program shall: (1) verify that the vehicle does not have a safety recal…

Sec. 114.0001. DEFINITIONS. In this chapter: (1) "Commercial lodging establishment" means a hotel, motel, inn, or similar business entity that offers more than 10 rooms to the public for temporary lodging for a fee. (2) "Human trafficking" means conduct that constitutes an offens…

Sec. 114.0002. RULES. The attorney general by rule shall: (1) establish the requirements for operators of commercial lodging establishments to comply with the training required under Section 114.0051; (2) create and make available to commercial lodging establishments a template f…

Sec. 114.0003. EFFECT ON MUNICIPAL ORDINANCES. (a) This chapter does not preempt a municipal ordinance, rule, or other regulation related to human trafficking awareness and prevention in commercial lodging establishments, including training and certification requirements. (b) If …

Sec. 114.0051. TRAINING REQUIRED. (a) The operator of a commercial lodging establishment shall require each employee who is directly employed by the establishment to complete an annual human trafficking awareness and prevention training program. The training program, including an…

Sec. 114.0052. TRAINING COMPLIANCE; RECORD RETENTION. (a) The operator of a commercial lodging establishment shall maintain, in the form and manner prescribed by the attorney general, all documentation and certificates of completion for all current and former employees of the est…

Sec. 114.0053. SIGN REQUIRED. The operator of a commercial lodging establishment shall display at the commercial lodging establishment a sign, in the form prescribed by the attorney general, that: (1) includes a statement that employees of the commercial lodging establishment are…

Sec. 114.0054. DISCRIMINATION AND RETALIATION PROHIBITED. The operator of a commercial lodging establishment may not discipline, retaliate against, or otherwise discriminate against an employee who in good faith reports a suspected act of human trafficking to the operator, a law …

Sec. 114.0101. ENTRY BY PEACE OFFICER. A peace officer may enter the premises of a commercial lodging establishment between the hours of 9 a.m. and 5 p.m. Monday through Friday to ensure compliance with this chapter. Added by Acts 2021, 87th Leg., R.S., Ch. 47 (H.B. 390), Sec. 1,…