Title OC, Occupations Code

Sec. 2311.0202. FEES. The commission by rule shall set fees in amounts sufficient to cover the costs of administering this chapter. Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.

Sec. 2311.0203. CONTRACT. The department may contract to perform the department's duties related to electric vehicle supply equipment, including inspections. A reference in this chapter to the commission or department in the context of a contracted service means the contractor. A…

Sec. 2311.0204. INSPECTION OF ELECTRIC VEHICLE SUPPLY EQUIPMENT. The department may periodically, or in response to a complaint, conduct an inspection of electric vehicle supply equipment in order to verify compliance with registration requirements and standards established in th…

Sec. 2311.0205. COMPLAINTS REGARDING ELECTRIC VEHICLE SUPPLY EQUIPMENT. In accordance with Chapter 51, the executive director of the department shall establish methods by which consumers are notified of the name, Internet website address, mailing address, and telephone number of …

Sec. 2311.0206. EXEMPTIONS. (a) The commission by rule may exempt electric vehicle supply equipment from a requirement established by this chapter if the commission determines that imposing or enforcing the requirement: (1) is not cost-effective for the department; (2) is not fea…

Sec. 2311.0207. REGULATION OF LEGACY CHARGERS. The commission may adopt rules to regulate electric vehicle supply equipment in operation before January 1, 2024, that: (1) has never had a metering system in place capable of measuring electricity transferred from the charging stati…

Sec. 2311.0301. DUTIES OF ELECTRIC VEHICLE SUPPLY PROVIDER. Unless electric vehicle supply equipment is exempt from the application of this chapter or has been removed from service, an electric vehicle supply provider shall: (1) have electric vehicle supply equipment inspected as…

Sec. 2311.0302. REQUIRED REGISTRATION. (a) Unless electric vehicle supply equipment is exempt from the application of this chapter by commission rule, an electric vehicle supply provider shall register each charging unit of electric vehicle supply equipment operated by the provid…

Sec. 2311.0303. SPECIFICATIONS. (a) Specifications and tolerances for electric vehicle supply equipment shall be the same as those recommended by the National Institute of Standards and Technology. (b) Electric vehicle supply equipment must be installed and operated in accordance…

Sec. 2311.0304. FEES; DISCLOSURES. (a) An electric vehicle supply provider shall disclose on the display of the electric vehicle supply equipment or on the electric vehicle supply provider's digital network: (1) the fee calculation method or methods; and (2) applicable surcharges…

Sec. 2311.0305. RECEIPT. After a reasonable period following the completion of a commercial transaction for electric vehicle charging, on request of a user, the electric vehicle supply provider shall transmit a summary that includes: (1) the date and time of the transaction; (2) …

Sec. 2311.0306. REPAIR OF DAMAGED ELECTRIC VEHICLE SUPPLY EQUIPMENT. (a) An electric vehicle supply provider shall: (1) remove from operation in a manner that prevents use and access by the public, in accordance with commission rules, electric vehicle supply equipment that poses …

Sec. 2311.0401. DISCIPLINARY ACTION. A person is subject to the denial of an application, imposition of an administrative penalty under Subchapter F, Chapter 51, or disciplinary action under Section 51.353 if the person engages in a commercial transaction in violation of this cha…

Sec. 2311.0402. ADMINISTRATIVE PROCEDURES. A proceeding for the denial of a registration or a disciplinary action or an appeal from that proceeding is governed by Chapter 2001, Government Code. Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.

Sec. 2311A.001. ELECTRIC VEHICLE CHARGING STATION STANDARDS. (a) This section applies only to an electric vehicle charging station that is: (1) installed after December 1, 2024; (2) made available to the public; (3) not intended primarily for private use; and (4) funded through p…

Sec. 2351.001. DEFINITION. In this chapter, "contracting stevedore" means a person, firm or association of persons, or corporation that contracts with another person or corporation, including an agent, owner, master, manager, or captain of a vessel, to load or unload a vessel. Ad…

Sec. 2351.051. BOND AND LICENSE REQUIRED. A contracting stevedore must execute a bond and obtain a license in each county in which the contracting stevedore engages in business as a contracting stevedore. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Sec. 2351.052. BOND TERMS AND CONDITIONS. (a) A bond executed under this subchapter must: (1) be in the amount of $5,000; (2) be conditioned that the contracting stevedore will: (A) on Saturday of each week pay wages promptly according to the agreed wage scale to each laborer who…

Sec. 2351.053. APPROVAL AND RECORDING OF BOND. (a) The bond must be approved by the county clerk of the county in which the contracting stevedore engages in business. (b) The county clerk shall file and record the bond. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1…

Sec. 2351.054. LICENSE APPLICATION AND ISSUANCE. (a) Before engaging in business as a contracting stevedore in any county, the contracting stevedore must file a written application for a license with the county clerk. (b) The county clerk shall issue the license on: (1) approval …

Sec. 2351.055. ANNUAL RENEWAL. A contracting stevedore must execute a new bond and obtain a new license on each anniversary of the date the former license is issued. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. SUBCHAPTER C. ENFORCEMENT PROVISIONS

Sec. 2351.101. CRIMINAL PENALTY. (a) A contracting stevedore commits an offense if the contracting stevedore engages in business as a contracting stevedore without first executing the bond and obtaining the license required by Section 2351.051. (b) An offense under this section i…

Sec. 2351.102. SUIT ON BOND. (a) A person to whom wages are not paid as required by Section 2351.052(a)(2) may bring suit and recover under the bond executed under Subchapter B. (b) The bond may be sued on until: (1) the full amount of the bond is exhausted; or (2) suits sufficie…

Sec. 2352.001. DEFINITIONS. In this chapter: (1) "Agreement" means a written agreement between a manufacturer or distributor and a dealer for the purchase and sale of new boats or new boat motors. (2) "Boat" means: (A) a motorboat; or (B) any other vessel that is more than 14 fee…

Sec. 2352.051. AGREEMENT REQUIRED. A manufacturer or distributor contracting with a dealer may not sell or offer for sale, and a dealer may not purchase or offer to purchase, a new boat or a new boat motor unless the manufacturer or distributor and the dealer enter into an agreem…

Sec. 2352.052. TERMS OF AGREEMENT. (a) An agreement under this chapter must include: (1) the dealer's territory and dealership locations; (2) the length of the agreement, which must be not less than three years; (3) performance standards or marketing standards, if any; (4) workin…

Sec. 2352.0521. PERFORMANCE STANDARDS. (a) A manufacturer shall make reasonable efforts to provide a dealer with information regarding the dealer's compliance with performance standards. (b) Performance standards must be evaluated on an annual basis and, if a dealer and manufactu…

Sec. 2352.0522. DEALER TERRITORY. (a) During the term of an agreement, a manufacturer may not appoint another authorized dealer for the sale of the manufacturer's boats in a dealer's territory. (b) Except for purposes of advertising without an advertised price or with a manufactu…

Sec. 2352.0523. DEFAULT. (a) A default under an agreement under this chapter by a manufacturer, distributor, or dealer is: (1) a material failure to meet minimum product stocking requirements as specified by the agreement; (2) a material failure to make timely payment of any mate…

Sec. 2352.0524. CURE OF DEFAULT. (a) Except as provided by Section 2352.053(d)(3), (8), or (9), a manufacturer or distributor must give a dealer written notice of a default under Section 2352.0523 and allow the dealer to cure the default within a cure period as provided by Subsec…

Sec. 2352.053. TERMINATION OR NONRENEWAL OF AGREEMENT; NOTICE. (a) Except as provided by Subsection (d), a manufacturer or distributor may not terminate an agreement unless the dealer defaults under Section 2352.0523 and: (1) the manufacturer or distributor gives the dealer writt…

Sec. 2352.101. DELIVERY REQUIREMENTS. (a) A manufacturer or distributor who publicly advertises a new boat, new boat motor, or part as available for immediate delivery shall deliver the boat, boat motor, or part in reasonable quantities and within a reasonable time after receipt …

Sec. 2352.102. SALE, TRANSFER, OR PASSAGE OF TITLE. A manufacturer or distributor may not unreasonably withhold approval of a sale, transfer, or passage of title of a dealer, agreement, management of the dealer, or designation of a successor dealer if: (1) the dealer complies wit…

Sec. 2352.103. FINANCING. (a) A manufacturer or distributor may not require a dealer to finance through a particular financing source a new boat or new boat motor sold by the dealer. (b) A manufacturer or distributor may not require a dealer to act as the manufacturer's or distri…

Sec. 2352.104. SALE OF PARTS AND ACCESSORIES AND SERVICE AFTER TERMINATION OR NONRENEWAL OF AGREEMENT. (a) After a manufacturer or distributor terminates or does not renew an agreement, the former dealer may continue to purchase parts and accessories to service the products cover…

Sec. 2352.105. COMPENSATION FOR WARRANTY SERVICE. (a) A manufacturer or distributor shall fairly compensate a dealer for the work and services the dealer performs and for expenses the dealer incurs to comply with a manufacturer's or distributor's warranty. (b) Except as provided …

Sec. 2352.1051. DELIVERY OF PARTS. On signing an agreement, a manufacturer shall provide the dealer with a written statement of the approximate amount of time the manufacturer takes to deliver a part to the dealer. Added by Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 1…

Sec. 2352.106. REFUNDS, REBATES, AND DISCOUNTS. A dealer may not pay or assume a part of a refund, rebate, discount, or other financial adjustment made by the manufacturer or distributor to a customer or a dealer unless the dealer voluntarily agrees to make the payment or assumpt…

Sec. 2352.107. REPURCHASE BY MANUFACTURER OR DISTRIBUTOR. (a) A manufacturer or distributor who terminates an agreement shall repurchase on demand from the dealer any of the following items, purchased by the dealer from the manufacturer or distributor, that are free and clear of …

Sec. 2352.201. CIVIL LIABILITY. A person who violates this chapter or an agreement regulated by this chapter is liable to an injured party for: (1) the actual damages caused by the violation; and (2) reasonable legal fees and court costs if litigation is commenced in connection w…

Sec. 2352.202. VENUE FOR DISPUTE. Venue for a dispute under an agreement is in the county of the dealer's principal place of business as stated in the agreement. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Sec. 2352.203. ARBITRATION. A dealer may not be required to submit to arbitration on an issue between the dealer and the manufacturer or distributor at a location that is out of state or an unreasonable distance from the dealer's principal place of business. Added by Acts 2001, 7…

Sec. 2352.204. CIVIL PENALTY. (a) A manufacturer or distributor who violates this chapter is liable to this state for a civil penalty. The amount of the penalty may not exceed $500 for each violation. (b) Each sale of a new boat or boat motor by a manufacturer or distributor in v…

Sec. 2401.001. DEFINITIONS. In this chapter: (1) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 17.006(1); Acts 2003, 78th Leg., ch. 1276, Sec. 14A.651. (2) "Department" means the Department of Public Safety. (2-a) "Executive director" means the executive director of the departm…

Sec. 2401.002. APPLICATION OF CHAPTER. This chapter does not apply to a person who: (1) acts as a customs broker as defined by 19 U.S.C. Section 1641; (2) operates trucks and delivery vehicles in the wholesale distribution of alcoholic beverages under Chapter 19, 20, or 64, Alcoh…

Sec. 2401.052. EXAMINATION OR AUDIT. (a) To administer this chapter, the department may: (1) examine: (A) a record maintained under Section 2401.152; or (B) a record or object the department determines is necessary to conduct a complete examination; or (2) question under oath any…