Title BC, Business and Commerce Code

Sec. 121.101. NOTICE OF VIOLATION; OPPORTUNITY TO CURE. (a) The attorney general has exclusive authority to enforce this chapter. (b) Before bringing an action under Section 121.102 or 121.103, the attorney general shall notify a person in writing at least 30 days before the date…

Sec. 121.102. DECEPTIVE TRADE PRACTICE. A violation of this chapter following the cure period described by Section 121.101 is a deceptive trade practice in addition to the practices described by Subchapter E, Chapter 17, and is actionable under that subchapter. Added by Acts 2025…

Sec. 121.103. INJUNCTION. (a) The attorney general may bring an action in the name of the state following the cure period described by Section 121.101 to restrain or enjoin a person from violating this chapter. (b) The attorney general may recover reasonable attorney's fees and o…

Sec. 121.104. NO PRIVATE RIGHT OF ACTION. This chapter may not be construed to create, provide a basis for, or be subject to a private right of action for a violation of this chapter or any other law. Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963), Sec. 1, eff. Septembe…

Sec. 201.001. DEFINITION. In this chapter, "flea market" means a location at which booths or similar spaces are rented or otherwise made temporarily available to two or more persons and at which the persons offer tangible personal property for sale. Added by Acts 2007, 80th Leg.,…

Sec. 201.002. INAPPLICABILITY OF CHAPTER TO CERTAIN ITEMS. This chapter does not apply to the sale or offer for sale of a nutritional supplement or vitamin. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 201.003. SALE OF CERTAIN ITEMS PROHIBITED. (a) A person commits an offense if the person sells or offers for sale at a flea market: (1) infant formula or baby food of a type usually consumed by children younger than two years of age; (2) a drug, as defined by Section 431.002…

Sec. 201.004. FRAUDULENT AUTHORIZATION FOR SALE OF CERTAIN ITEMS AT RETAIL. (a) A person commits an offense if the person provides to another person an authorization under Section 201.003(b) and: (1) the authorization is forged or contains a false statement; or (2) the person dis…

Sec. 201.005. PROVISION OF BOOTH OR SIMILAR SPACE NOT AN OFFENSE. A person does not commit an offense under this chapter solely because the person provides booths or similar spaces at a flea market. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1…

Sec. 201.006. INVESTIGATION RECORDS REQUIRED. A law enforcement agency investigating a violation of this chapter shall maintain a record of the investigation. The record is public information. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009…

Sec. 202.001. SALE OF MOTOR VEHICLE WITH CERTAIN STOPLAMP COVERING PROHIBITED. (a) In this section, "motor vehicle" has the meaning assigned by Section 541.201, Transportation Code. (b) A person in the business of selling motor vehicles may not sell a motor vehicle with a transpa…

Sec. 203.001. CRIMINAL PENALTY FOR EXPORTING ARTICLES WITHOUT REQUIRED INSPECTION. (a) A person commits an offense if the person: (1) exports from this state, or ships for the purpose of exportation to a state other than this state or to a foreign port, an article of commerce tha…

Sec. 204.001. DEFINITIONS. In this chapter: (1) "Proof of ownership" includes a bill of sale or other evidence showing that an item has been sold to the person possessing the item. (2) "Returnable container" means a device made of any material that is used to hold, contain, or co…

Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF RETURNABLE CONTAINER. (a) A person who is in the business of recycling, shredding, or destroying returnable containers, before purchasing five or more returnable containers from the same person, shall: (1) obtain from that person: …

Sec. 204.003. USE OF ARTIFICE TO AVOID APPLICABILITY OF CHAPTER PROHIBITED. (a) A person who is in the business of recycling, shredding, or destroying returnable containers may not use an artifice to avoid the application of Section 204.002, including documenting purchases from t…

Sec. 204.004. INVESTIGATIVE AND ENFORCEMENT AUTHORITY. (a) The attorney general or appropriate prosecuting attorney may: (1) inspect a record retained by a person under Section 204.002; (2) investigate an alleged violation of this chapter; and (3) sue to collect a civil penalty u…

Sec. 204.005. CRIMINAL PENALTY. (a) A person who is in the business of recycling, shredding, or destroying returnable containers who violates this chapter commits an offense. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor punishab…

Sec. 251.001. DEFINITIONS. In this chapter: (1) "Goods" means all things treated as movable for purposes of a contract of storage or transportation. (2) "Issue" includes aiding in the issuance of a warehouse receipt. (3) "Warehouse receipt" means a receipt issued by a warehousema…

Sec. 251.002. WAREHOUSEMAN ISSUING FRAUDULENT WAREHOUSE RECEIPT. (a) A warehouseman may not, with intent to defraud, issue a warehouse receipt that contains a false statement. (b) A warehouseman who violates this section commits an offense. An offense under this section is a misd…

Sec. 251.003. WAREHOUSEMAN FAILING TO STATE WAREHOUSEMAN'S OWNERSHIP OF GOODS ON RECEIPT. (a) A warehouseman may not knowingly issue a negotiable warehouse receipt describing goods the warehouseman owns, whether solely, jointly, or in common, and is storing, unless the warehousem…

Sec. 251.004. WAREHOUSEMAN ISSUING WAREHOUSE RECEIPT WITHOUT CONTROL OF GOODS. (a) A warehouseman may not issue a warehouse receipt for goods if the warehouseman knows at the time of issuance that the goods described in the receipt are not under the warehouseman's control. (b) A …

Sec. 251.005. WAREHOUSEMAN ISSUING DUPLICATE OR ADDITIONAL WAREHOUSE RECEIPT. (a) A warehouseman may not issue a duplicate or additional negotiable warehouse receipt for goods if the warehouseman knows at the time of issuance that a previously issued negotiable warehouse receipt …

Sec. 251.006. WAREHOUSEMAN WRONGFULLY DELIVERING GOODS. (a) A warehouseman may not knowingly deliver goods that are described in a negotiable warehouse receipt and stored with the warehouseman, unless the receipt is surrendered to the warehouseman at or before the time the wareho…

Sec. 251.007. FAILURE TO DISCLOSE LACK OF OWNERSHIP OF GOODS. (a) A person who obtains a negotiable warehouse receipt describing goods the person does not own may not, with intent to defraud, negotiate the receipt for value without disclosing the person's lack of ownership. (b) A…

Sec. 251.008. FAILURE TO DISCLOSE EXISTENCE OF LIEN ON GOODS. (a) A person who obtains a negotiable warehouse receipt describing goods subject to a lien may not, with intent to defraud, negotiate the receipt for value without disclosing the lien's existence. (b) A person who viol…

Sec. 252.001. DEFINITIONS. In this chapter: (1) "Agent" includes an officer, employee, or receiver. (2) "Bill of lading" means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. The term includes…

Sec. 252.002. DUTIES OF RAILROAD COMMISSION. (a) In this section, "common carrier" does not include a pipeline company or express company. (b) The Railroad Commission of Texas shall: (1) prescribe forms, terms, and conditions for authenticating, certifying, or validating bills of…

Sec. 252.003. AGENT WRONGFULLY FAILING OR REFUSING TO ISSUE BILL OF LADING. (a) In this section, "common carrier" does not include a pipeline company or express company. (b) An agent of a common carrier may not after lawful demand fail or refuse to issue a bill of lading in accor…

Sec. 252.004. AGENT ISSUING FRAUDULENT BILL OF LADING. (a) In this section, "common carrier" does not include a pipeline company or express company. (b) An agent of a common carrier may not with intent to defraud a person: (1) issue a bill of lading; (2) incorrectly describe good…

Sec. 252.005. AGENT ISSUING ORDER BILL OF LADING IN DUPLICATE OR SET OF PARTS. (a) Except where customary in overseas transportation, an agent of a common carrier may not knowingly issue or aid in issuing an order bill of lading in duplicate or in a set of parts. (b) An agent who…

Sec. 252.006. FRAUDULENTLY INDUCING ISSUANCE OF BILL OF LADING. (a) A person may not, with intent to defraud, induce an agent of a common carrier to: (1) issue to the person a bill of lading; or (2) materially misrepresent in a bill of lading issued on behalf of the common carrie…

Sec. 252.007. FRAUDULENTLY NEGOTIATING OR TRANSFERRING BILL OF LADING. (a) A person may not, with intent to defraud, negotiate or transfer a bill of lading that: (1) is issued in violation of Chapter 7; or (2) contains a false, material statement of fact. (b) A person who violate…

Sec. 253.001. DAMAGES ON PROTESTED OUT-OF-STATE DRAFTS. The holder of a protested draft is entitled to damages in an amount equal to 10 percent of the amount of the draft, plus interest and the costs of suit, if: (1) the draft was drawn by a merchant in this state on the merchant…

Sec. 254.001. IDENTIFICATION OF PATENT RIGHT. (a) A note or lien evidencing or securing the purchase price for a patent right or patent right territory must contain on the face of the note or lien a statement that the note or lien was given for a patent right or patent right terr…

Sec. 254.002. FAILURE TO IDENTIFY PATENT RIGHT; CRIMINAL PENALTY. (a) A person selling a patent right or patent right territory may not take a note or lien evidencing or securing the purchase price for the patent right or patent right territory without placing on the face of the …

Sec. 261.001. DEFINITIONS. (a) In this chapter: (1) "Utility" means a person engaged in this state in: (A) generating, transmitting, or distributing and selling electric power; (B) transporting, distributing, and selling, through a local distribution system, natural or other gas …

Sec. 261.002. ACT CONSTITUTING FILING. For purposes of this chapter, a utility security instrument is filed when it is deposited for filing with the secretary of state. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 261.003. APPLICABILITY OF CHAPTER. A utility is subject to the requirements and entitled to the benefits of this chapter: (1) only if the utility files with the secretary of state a utility security instrument that states conspicuously on its title page: "This Instrument Gra…

Sec. 261.004. FILING UTILITY SECURITY INSTRUMENT WITH SECRETARY OF STATE: PERFECTION AND NOTICE. (a) Subject to Subsection (b), the filing with the secretary of state of a utility security instrument executed by a utility and described by Section 261.003(1) and payment of the fil…

Sec. 261.005. DURATION OF PERFECTION AND NOTICE. The perfection and notice provided by the filing of a utility security instrument under Section 261.004 take effect on the date of filing and remain in effect without any renewal, refiling, or continuation statement until the inter…

Sec. 261.006. PRIORITIES AND REMEDIES APPLICABLE TO CERTAIN PERFECTED SECURITY INTERESTS. The provisions of Chapter 9 relating to priorities and remedies apply to security interests in personal property, including fixtures, perfected under Section 261.004. Added by Acts 2007, 80t…

Sec. 261.007. NOTICE OF NAME CHANGE, MERGER, OR CONSOLIDATION. (a) A utility that changes its name or merges or consolidates after filing a utility security instrument under Section 261.004 shall promptly file with the secretary of state a written statement of the name change, me…

Sec. 261.008. ENDORSEMENT AND FILING BY SECRETARY OF STATE; FEES. (a) The secretary of state shall endorse on a utility security instrument and any statement of name change, merger, or consolidation filed with the secretary of state: (1) the day and hour of receipt; and (2) the a…

Sec. 261.009. CERTIFICATE OF FILING; FEE. (a) On request of any person, the secretary of state shall issue a certificate that: (1) indicates whether on the date and hour stated in the request, there is on file any presently effective utility security instrument naming a particula…

Sec. 261.010. COPY OF FILED UTILITY SECURITY INSTRUMENT; FEE. (a) On request and payment of the fee prescribed by Subsection (b), the secretary of state shall provide a person with a copy of any filed utility security instrument. (b) The fee for a copy under this section is in th…

Sec. 261.011. NOTICE OF UTILITY SECURITY INSTRUMENT AFFECTING REAL PROPERTY. (a) If a utility security instrument filed with the secretary of state under Section 261.004 grants a security interest in real property owned by the utility, a notice of utility security instrument affe…