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Texas Statutes, Title BC

Texas/Statutes

← All Texas coverage

Title BC, Business and Commerce Code

131 chapters · 1,843 sections in this title.

All chapters in Title BC1,843 Ch 9, Chapter 9146 Ch 2, Chapter 2103 Ch 17, Chapter 1782 Ch 2A, Chapter 2A78 Ch 3, Chapter 370 Ch 8, Chapter 851 Ch 4, Chapter 442 Ch 57, Chapter 5742 Ch 7, Chapter 741 Ch 4A, Chapter 4A38 Ch 51, Chapter 5137 Ch 302, Chapter 30236 Ch 20, Chapter 2035 Ch 681, Chapter 68135

1,843 sections·Filtered byTitle BC✕

Tex. Business and Commerce Code § 57.401 Civil Action; Injunctive Relief
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Sec. 57.401. CIVIL ACTION; INJUNCTIVE RELIEF. (a) If a supplier violates any provision of this chapter, a dealer may bring an action against the supplier in a court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier's violation, includi…
Tex. Business and Commerce Code § 57.402 Choice of Remedies
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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 …
Tex. Business and Commerce Code § 58.001 Definitions
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Sec. 58.001. DEFINITIONS. In this chapter: (1) "Disaster remediation" means the removal, cleaning, sanitizing, demolition, reconstruction, or other treatment of improvements to real property performed because of damage or destruction to that property caused by a natural disaster.…
Tex. Business and Commerce Code § 58.002 Applicability of Chapter
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Sec. 58.002. APPLICABILITY OF CHAPTER. (a) Except as provided by Subsection (b), this chapter applies to a contract between a person and a disaster remediation contractor for the performance of disaster remediation services on property owned or leased by the person. (b) This chap…

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Tex. Business and Commerce Code § 58.003 Disaster Remediation Contract Requirements; Certain Conduct Prohibited

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Sec. 58.003. DISASTER REMEDIATION CONTRACT REQUIREMENTS; CERTAIN CONDUCT PROHIBITED. (a) A contract subject to this chapter must be in writing. (b) A disaster remediation contractor: (1) may not require a person to make a full or partial payment under a contract before the contra…

Tex. Business and Commerce Code § 58.004 Deceptive Trade Practice

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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 and Commerce Code § 58.005 Waiver of Chapter Prohibited

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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. Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011. Redesignated from Business and Commerce…

Tex. Business and Commerce Code § 59.001 Definitions

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Sec. 59.001. DEFINITIONS. In this chapter: (1) "Construction" includes: (A) the initial construction of an improvement to real property; (B) the construction of an addition to an improvement to real property; or (C) the repair, alteration, or remodeling of an improvement to real …

Tex. Business and Commerce Code § 59.002 Applicability of Chapter

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Sec. 59.002. APPLICABILITY OF CHAPTER. (a) This chapter applies only to a contract for the construction or repair of an improvement to real property. (b) This chapter does not apply to a contract entered into by a person for the construction or repair of a critical infrastructure…

Tex. Business and Commerce Code § 59.003 Waiver Prohibited

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Sec. 59.003. WAIVER PROHIBITED. This chapter may not be waived. A purported waiver of this chapter in violation of this section is void. Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 1, eff. September 1, 2021. SUBCHAPTER B. CONTRACTOR RESPONSIBILITY

Tex. Business and Commerce Code § 59.051 Limitation On Contractor'S Liability and Responsibility For Certain Defects

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Sec. 59.051. LIMITATION ON CONTRACTOR'S LIABILITY AND RESPONSIBILITY FOR CERTAIN DEFECTS. (a) A contractor is not responsible for the consequences of design defects in and may not warranty the accuracy, adequacy, sufficiency, or suitability of plans, specifications, or other desi…

Tex. Business and Commerce Code § 59.052 Standard of Care For Certain Designs

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Sec. 59.052. STANDARD OF CARE FOR CERTAIN DESIGNS. Design services provided under a contract described by Section 59.002(c) or (d) are subject to the same standard of care requirements provided in Section 130.0021, Civil Practice and Remedies Code. Added by Acts 2021, 87th Leg., …

Tex. Business and Commerce Code § 71.001 Short Title

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Sec. 71.001. SHORT TITLE. This chapter may be cited as the Assumed Business or Professional Name Act. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Tex. Business and Commerce Code § 71.002 Definitions

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Sec. 71.002. DEFINITIONS. In this chapter: (1) "Address" means: (A) a post office address; and (B) a street address, if the street address is not the same as the post office address. (2) "Assumed name" means: (A) for an individual, a name that does not include the surname of the …

Tex. Business and Commerce Code § 71.003 Applicability of Chapter

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Sec. 71.003. APPLICABILITY OF CHAPTER. (a) This chapter does not apply to an insurer authorized to engage in business in this state and described in Subchapter A, Chapter 805, Insurance Code, except as specifically provided by the Insurance Code. (b) This chapter does not require…

Tex. Business and Commerce Code § 71.051 Certificate For Certain Unincorporated Persons

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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, li…

Tex. Business and Commerce Code § 71.052 Contents of Certificate

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Sec. 71.052. CONTENTS OF CERTIFICATE. The certificate must state: (1) the assumed name under which the business is or is to be conducted or the professional service is or is to be rendered; (2) if the registrant is: (A) an individual, the individual's full name and residence addr…

Tex. Business and Commerce Code § 71.053 Execution of Certificate

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Sec. 71.053. EXECUTION OF CERTIFICATE. (a) The certificate must be executed and acknowledged: (1) by each individual whose name is required to be stated in the certificate or the individual's representative or attorney-in-fact; and (2) under oath on behalf of each person whose na…

Tex. Business and Commerce Code § 71.054 Place of Filing

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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: (1) has or will maintain business or professional premises; or (2) conducts business or renders a professional service, if the person does not o…

Tex. Business and Commerce Code § 71.101 Certificate For Incorporated Business Or Profession, Limited Partnership, Limited Liability Partnership, Limited Liability Company, Registered Series, Or Foreign Filing Entity

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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 compa…

Tex. Business and Commerce Code § 71.102 Contents of Certificate

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Sec. 71.102. CONTENTS OF CERTIFICATE. The certificate must state: (1) the assumed name under which the business is or is to be conducted or the professional service is or is to be rendered; (2) the registrant's name as stated in the registrant's certificate of formation or applic…

Tex. Business and Commerce Code § 71.103 Place of Filing

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Sec. 71.103. PLACE OF FILING. (a) A corporation, limited partnership, limited liability partnership, limited liability company, registered series of a limited liability company, or foreign filing entity required to file a certificate under Section 71.101 shall file the certificat…

Tex. Business and Commerce Code § 71.104 Execution of Certificate

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Sec. 71.104. EXECUTION OF CERTIFICATE. (a) A certificate filed in the secretary of state's office must be executed by an officer, general partner, member, manager, or representative of or attorney-in-fact for the registrant. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 900 (H.…

Tex. Business and Commerce Code § 71.151 Duration and Renewal of Certificate

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Sec. 71.151. DURATION AND RENEWAL OF CERTIFICATE. (a) A certificate is effective for a term not to exceed 10 years from the date the certificate is filed. (b) A certificate is void at the end of the certificate's stated term, unless within six months preceding the certificate's e…

Tex. Business and Commerce Code § 71.152 Material Change In Information; New Certificate

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Sec. 71.152. MATERIAL CHANGE IN INFORMATION; NEW CERTIFICATE. (a) Not later than the 60th day after an event occurs that causes the information in a certificate to become materially misleading, a registrant must file a new certificate complying with this chapter in the office in …

Tex. Business and Commerce Code § 71.153 Abandonment of Use of Business Or Professional Name

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Sec. 71.153. ABANDONMENT OF USE OF BUSINESS OR PROFESSIONAL NAME. (a) A registrant who has filed a certificate under this chapter and who ceases to conduct business or render professional services in this state under the assumed name stated in the certificate may file a statement…

Tex. Business and Commerce Code § 71.154 Index of Certificates

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Sec. 71.154. INDEX OF CERTIFICATES. (a) The secretary of state and each county clerk shall keep an alphabetical index of: (1) all assumed names that have been filed in the office of the respective officer; and (2) the persons filing the certificates. (b) A copy of a certificate o…

Tex. Business and Commerce Code § 71.155 Filing Fees

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Sec. 71.155. FILING FEES. (a) Except as provided by Subsection (a-1), the county clerk shall collect a fee of: (1) $2 for filing each certificate or statement required or permitted to be filed under this chapter; and (2) 50 cents for each name to be indexed. (a-1) The county cler…

Tex. Business and Commerce Code § 71.156 Prescribed Forms

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Sec. 71.156. PRESCRIBED FORMS. (a) The secretary of state may prescribe a form to be used for filing a certificate or statement that complies with this chapter in the secretary's office or in the office of any county clerk in this state. (b) Unless otherwise specifically provided…

Tex. Business and Commerce Code § 71.157 Effect of Filing

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Sec. 71.157. EFFECT OF FILING. (a) This chapter does not give a registrant a right to use the assumed name in violation of the common or statutory law of unfair competition or unfair trade practices, common law copyright, or similar law. (b) The filing of a certificate under this…

Tex. Business and Commerce Code § 71.158 Filing of Reproduction

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Sec. 71.158. FILING OF REPRODUCTION. (a) The secretary of state may accept for filing a photographic, photostatic, or similar reproduction of a signed original document required or authorized to be filed in the secretary's office under this chapter. (b) A signature on a document …

Tex. Business and Commerce Code § 71.201 Civil Action; Sanction

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Sec. 71.201. CIVIL ACTION; SANCTION. (a) A person's failure to comply with this chapter does not impair the validity of any contract or act by the person or prevent the person from defending any action or proceeding in any court of this state, but the person may not maintain in a…

Tex. Business and Commerce Code § 71.202 Criminal Penalty: General Violation

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Sec. 71.202. CRIMINAL PENALTY: GENERAL VIOLATION. (a) A person commits an offense if the person: (1) conducts business or renders a professional service in this state under an assumed name; and (2) intentionally violates this chapter. (b) An offense under this section is a Class …

Tex. Business and Commerce Code § 71.203 Criminal Penalty: Fraudulent Filing

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Sec. 71.203. CRIMINAL PENALTY: FRAUDULENT FILING. (a) A person may not knowingly or intentionally sign and present for filing or cause to be presented for filing a document authorized or required to be filed under this chapter that: (1) indicates that the person signing the docum…

Tex. Business and Commerce Code § 72.001 Definitions

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Sec. 72.001. DEFINITIONS. In this subchapter: (1) "Business record" means letters, words, sounds, or numbers, or the equivalent of letters, words, sounds, or numbers, recorded in the operation of a business by: (A) handwriting; (B) typewriting; (C) printing; (D) photostat; (E) ph…

Tex. Business and Commerce Code § 72.002 Destruction of Certain Business Records

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Sec. 72.002. DESTRUCTION OF CERTAIN BUSINESS RECORDS. (a) A business record required to be retained by a law of this state may be destroyed at any time after the third anniversary of the date the business record was created. (b) Subsection (a) does not apply if a law or rule appl…

Tex. Business and Commerce Code § 72.003 Retention of Reproduction of Business Records

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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. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009…

Tex. Business and Commerce Code § 72.004 Disposal of Business Records Containing Personal Identifying Information

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Sec. 72.004. DISPOSAL OF BUSINESS RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION. (a) This section does not apply to: (1) a financial institution as defined by 15 U.S.C. Section 6809; or (2) a covered entity as defined by Section 601.001 or 602.001, Insurance Code. (b) When …

Tex. Business and Commerce Code § 72.051 Required Deletion of Certain Electronic Records

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Sec. 72.051. REQUIRED DELETION OF CERTAIN ELECTRONIC RECORDS. (a) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure. (b) This section applies only to a business that accepts checks from customers in the ordinary course…

Tex. Business and Commerce Code § 73.001 Definitions

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Sec. 73.001. DEFINITIONS. In this chapter: (1) "Business support services" means business, management, consulting, or administrative services, facilities, or staff provided for a dentist, including: (A) office space, furnishings, and equipment; (B) staff employed by the dental su…

Tex. Business and Commerce Code § 73.002 Registration Required

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Sec. 73.002. REGISTRATION REQUIRED. (a) A dental support organization shall annually register with the secretary of state. (b) A dental support organization's registration under this section is considered registration of any subsidiary, contractor, or affiliate of the dental supp…

Tex. Business and Commerce Code § 73.003 Exemptions

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Sec. 73.003. EXEMPTIONS. This chapter does not require registration by: (1) an accountant providing only accounting services; (2) an attorney providing only legal counsel; (3) an insurance company or insurance agent providing only insurance policies to a business; and (4) entitie…

Tex. Business and Commerce Code § 73.004 Contents of Registration; Fee

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Sec. 73.004. CONTENTS OF REGISTRATION; FEE. (a) The registration required by Section 73.002 must include: (1) the name and business address of the dental support organization; (2) the name and business address of each dentist in this state with which the dental support organizati…

Tex. Business and Commerce Code § 73.005 Timing of Registration; Correction Required

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Sec. 73.005. TIMING OF REGISTRATION; CORRECTION REQUIRED. (a) Except as provided by Subsection (b), the registration required by Section 73.002 must be filed with the secretary of state not later than January 31 of each year for which the registration is effective. (b) A dental s…

Tex. Business and Commerce Code § 73.006 Failure To File Registration Or Correction

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Sec. 73.006. FAILURE TO FILE REGISTRATION OR CORRECTION. (a) A person who fails to file a registration or a corrected registration as required by this chapter is liable to the state for a civil penalty in an amount not to exceed $1,000. (b) Each day a violation continues or occur…

Tex. Business and Commerce Code § 73.007 Interagency Memorandum

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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. Added by Acts 2015, 84th Leg., R.S., Ch. …

Tex. Business and Commerce Code § 73.008 Applicability

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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. Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.

Tex. Business and Commerce Code § 74.001 Definitions

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Sec. 74.001. DEFINITIONS. In this chapter: (1) "Business support services" means business, management, consulting, or administrative services, facilities, or staff provided for an optometrist or an entity that employs or contracts with an optometrist to provide services or produc…

Tex. Business and Commerce Code § 74.002 Registration Required

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Sec. 74.002. REGISTRATION REQUIRED. (a) A vision support organization shall annually register with the secretary of state. (b) A vision support organization's registration under this section is considered registration of any subsidiary, contractor, or affiliate of the vision supp…

Tex. Business and Commerce Code § 74.003 Exemptions

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Sec. 74.003. EXEMPTIONS. This chapter does not require registration by: (1) an accountant providing only accounting services; (2) an attorney providing only legal counsel; (3) an insurance company or insurance agent providing only insurance policies to a business; (4) entities pr…