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Chapter 51 - Business Opportunities
Subchapter A. General Provisions
Section 51.001. Short Title - Sec. 51.001. SHORT TITLE. This chapter may be cited as...
Section 51.002. General Definitions - Sec. 51.002. GENERAL DEFINITIONS. In this chapter: (1) "Business opportunity...
Section 51.003. Definition of Business Opportunity - Sec. 51.003. DEFINITION OF BUSINESS OPPORTUNITY. (a) In this chapter,...
Section 51.004. Liberal Construction and Application - Sec. 51.004. LIBERAL CONSTRUCTION AND APPLICATION. (a) This chapter shall...
Section 51.005. Burden of Proof - Sec. 51.005. BURDEN OF PROOF. A person who claims to...
Section 51.006. Waiver - Sec. 51.006. WAIVER. A waiver of this chapter is contrary...
Section 51.007. Maintenance of Records - Sec. 51.007. MAINTENANCE OF RECORDS. (a) A seller shall maintain...
Section 51.008. Filing Fee - Sec. 51.008. FILING FEE. The secretary of state may charge...
Section 51.009. Rules - Sec. 51.009. RULES. The secretary of state may adopt rules...
Subchapter B. Registration of Business Opportunity
Section 51.051. Filing of Disclosure Statements and List of Sellers - Sec. 51.051. FILING OF DISCLOSURE STATEMENTS AND LIST OF SELLERS....
Section 51.052. Updating of Information on File - Sec. 51.052. UPDATING OF INFORMATION ON FILE. (a) A copy...
Section 51.053. Filing of Disclosure Document From Other Regulatory Agency - Sec. 51.053. FILING OF DISCLOSURE DOCUMENT FROM OTHER REGULATORY AGENCY....
Section 51.054. Filing of Copy of Bond or Notification of Account - Sec. 51.054. FILING OF COPY OF BOND OR NOTIFICATION OF...
Subchapter C. Bond, Trust Account, or Letter of Credit
Section 51.101. Bond, Trust Account, or Letter of Credit Required - Sec. 51.101. BOND, TRUST ACCOUNT, OR LETTER OF CREDIT REQUIRED....
Section 51.102. Action Against Bond, Trust Account, or Letter of Credit - Sec. 51.102. ACTION AGAINST BOND, TRUST ACCOUNT, OR LETTER OF...
Subchapter D. Disclosure Statement
Section 51.151. Disclosure to Purchaser of Business Opportunity - Sec. 51.151. DISCLOSURE TO PURCHASER OF BUSINESS OPPORTUNITY. (a) Except...
Section 51.152. Cover Sheet of Disclosure Statement - Sec. 51.152. COVER SHEET OF DISCLOSURE STATEMENT. (a) A disclosure...
Section 51.153. Contents: Names and Addresses - Sec. 51.153. CONTENTS: NAMES AND ADDRESSES. A disclosure statement must...
Section 51.154. Contents: Sales Periods - Sec. 51.154. CONTENTS: SALES PERIODS. A disclosure statement must: (1)...
Section 51.155. Contents: Services Description - Sec. 51.155. CONTENTS: SERVICES DESCRIPTION. A disclosure statement must contain:...
Section 51.156. Contents: Updated Financial Statement - Sec. 51.156. CONTENTS: UPDATED FINANCIAL STATEMENT. A disclosure statement must...
Section 51.157. Contents: Training Description - Sec. 51.157. CONTENTS: TRAINING DESCRIPTION. If the seller promises training,...
Section 51.158. Contents: Security Description - Sec. 51.158. CONTENTS: SECURITY DESCRIPTION. If the seller is required...
Section 51.159. Contents: Delivery Date; Cancellation of Contract - Sec. 51.159. CONTENTS: DELIVERY DATE; CANCELLATION OF CONTRACT. If the...
Section 51.160. Contents: Sales or Earnings Representation - Sec. 51.160. CONTENTS: SALES OR EARNINGS REPRESENTATION. If the seller...
Section 51.161. Contents: Legal Action History - Sec. 51.161. CONTENTS: LEGAL ACTION HISTORY. (a) A disclosure statement...
Section 51.162. Contents: Bankruptcy or Reorganization - Sec. 51.162. CONTENTS: BANKRUPTCY OR REORGANIZATION. (a) A disclosure statement...
Section 51.163. Contents: Contract Copy - Sec. 51.163. CONTENTS: CONTRACT COPY. A disclosure statement must contain...
Section 51.164. Use of Disclosure Document From Other Regulatory Agency - Sec. 51.164. USE OF DISCLOSURE DOCUMENT FROM OTHER REGULATORY AGENCY....
Subchapter E. Business Opportunity Contract
Section 51.201. Form of Business Opportunity Contract - Sec. 51.201. FORM OF BUSINESS OPPORTUNITY CONTRACT. A business opportunity...
Section 51.202. Delivery of Copies of Documents to Purchaser - Sec. 51.202. DELIVERY OF COPIES OF DOCUMENTS TO PURCHASER. A...
Section 51.203. Effect of Assignment of Business Opportunity Contract - Sec. 51.203. EFFECT OF ASSIGNMENT OF BUSINESS OPPORTUNITY CONTRACT. An...
Subchapter F. Termination of Business Opportunity Registration
Section 51.251. Voluntary Termination of Business Opportunity Registration - Sec. 51.251. VOLUNTARY TERMINATION OF BUSINESS OPPORTUNITY REGISTRATION. The principal...
Section 51.252. Involuntary Termination of Business Opportunity Registration - Sec. 51.252. INVOLUNTARY TERMINATION OF BUSINESS OPPORTUNITY REGISTRATION. (a) The...
Subchapter G. Enforcement
Section 51.301. Prohibited Acts - Sec. 51.301. PROHIBITED ACTS. A seller may not: (1) employ...
Section 51.302. Deceptive Trade Practice; Remedies - Sec. 51.302. DECEPTIVE TRADE PRACTICE; REMEDIES. (a) A violation of...
Section 51.303. Review and Suit by Attorney General - Sec. 51.303. REVIEW AND SUIT BY ATTORNEY GENERAL. (a) The...
Chapter 52 - Invention Development Services
Section 52.001. Short Title - Sec. 52.001. SHORT TITLE. This chapter may be cited as...
Section 52.002. Definitions - Sec. 52.002. DEFINITIONS. In this chapter: (1) "Customer" means: (A)...
Section 52.003. Applicability of Chapter to Contract for Invention Development Services - Sec. 52.003. APPLICABILITY OF CHAPTER TO CONTRACT FOR INVENTION DEVELOPMENT...
Section 52.004. Waiver by Customer Prohibited - Sec. 52.004. WAIVER BY CUSTOMER PROHIBITED. A waiver by a...
Subchapter B. Financial Requirements of Invention Developers
Section 52.051. Bond Required - Sec. 52.051. BOND REQUIRED. (a) Except as provided by Section...
Section 52.052. Beneficiary of Bond; Claim Against Bond - Sec. 52.052. BENEFICIARY OF BOND; CLAIM AGAINST BOND. (a) The...
Section 52.053. Cash Deposit Instead of Bond - Sec. 52.053. CASH DEPOSIT INSTEAD OF BOND. Instead of furnishing...
Subchapter C. Invention Development Services Contract
Section 52.101. Written Contract Required; Customer Copy - Sec. 52.101. WRITTEN CONTRACT REQUIRED; CUSTOMER COPY. (a) A contract...
Section 52.102. Mandatory Contract Terms - Sec. 52.102. MANDATORY CONTRACT TERMS. (a) A contract for invention...
Section 52.103. Multiple Contracts - Sec. 52.103. MULTIPLE CONTRACTS. If it is the invention developer's...
Section 52.104. Payment for Services; Option to Terminate Contract - Sec. 52.104. PAYMENT FOR SERVICES; OPTION TO TERMINATE CONTRACT. (a)...
Section 52.105. Cover Notice Required - Sec. 52.105. COVER NOTICE REQUIRED. (a) A contract for invention...
Section 52.106. Quarterly Reports to Customer Required - Sec. 52.106. QUARTERLY REPORTS TO CUSTOMER REQUIRED. At least once...
Subchapter D. Enforcement
Section 52.151. Contract Voidable - Sec. 52.151. CONTRACT VOIDABLE. A contract for invention development services...
Section 52.152. Private Cause of Action - Sec. 52.152. PRIVATE CAUSE OF ACTION. (a) This section applies...
Section 52.153. Deceptive Trade Practice - Sec. 52.153. DECEPTIVE TRADE PRACTICE. The following acts, omissions, or...
Section 52.154. Mutually Exclusive Remedies - Sec. 52.154. MUTUALLY EXCLUSIVE REMEDIES. Remedies available under Sections 52.152...
Section 52.155. Presumption of Injury - Sec. 52.155. PRESUMPTION OF INJURY. For purposes of Sections 52.152...
Section 52.156. Enforcement by Attorney General - Sec. 52.156. ENFORCEMENT BY ATTORNEY GENERAL. (a) The attorney general...
Section 52.157. Application of Other Laws - Sec. 52.157. APPLICATION OF OTHER LAWS. This chapter does not...
Chapter 53 - Store Leases
Section 53.001. Store Lease Contract - Sec. 53.001. STORE LEASE CONTRACT. (a) A provision of a...
Chapter 54 - Compensation Agreements for Sales Representatives
Section 54.001. Definitions - Sec. 54.001. DEFINITIONS. In this chapter: (1) "Commission" means compensation...
Section 54.002. Contract - Sec. 54.002. CONTRACT. (a) A contract between a principal and...
Section 54.003. Payment on Termination of Certain Compensation Agreements - Sec. 54.003. PAYMENT ON TERMINATION OF CERTAIN COMPENSATION AGREEMENTS. If...
Section 54.004. Damages - Sec. 54.004. DAMAGES. A principal who fails to comply with...
Section 54.005. Personal Jurisdiction - Sec. 54.005. PERSONAL JURISDICTION. A principal who is not a...
Section 54.006. Waiver - Sec. 54.006. WAIVER. A provision of this chapter may not...
Chapter 56 - Agreement for Payment of Construction Subcontractor
Section 56.001. Definitions - Sec. 56.001. DEFINITIONS. In this chapter: (1) "Contingent payee" means...
Section 56.002. Inapplicability of Chapter to Certain Contracts - Sec. 56.002. INAPPLICABILITY OF CHAPTER TO CERTAIN CONTRACTS. This chapter...
Section 56.003. Effect of Chapter on Timing of Payment Provisions - Sec. 56.003. EFFECT OF CHAPTER ON TIMING OF PAYMENT PROVISIONS....
Section 56.004. Waiver of Chapter Prohibited - Sec. 56.004. WAIVER OF CHAPTER PROHIBITED. A person may not...
Subchapter B. Contingent Payment Clause
Section 56.051. Enforcement of Clause Prohibited to Extent Certain Contractual Obligations Not Met - Sec. 56.051. ENFORCEMENT OF CLAUSE PROHIBITED TO EXTENT CERTAIN CONTRACTUAL...
Section 56.052. Enforcement of Clause Prohibited Following Notice From Contingent Payee - Sec. 56.052. ENFORCEMENT OF CLAUSE PROHIBITED FOLLOWING NOTICE FROM CONTINGENT...
Section 56.053. Enforcement of Clause Prohibited if Existence of Sham Relationship - Sec. 56.053. ENFORCEMENT OF CLAUSE PROHIBITED IF EXISTENCE OF SHAM...
Section 56.054. Enforcement of Clause Prohibited if Unconscionable - Sec. 56.054. ENFORCEMENT OF CLAUSE PROHIBITED IF UNCONSCIONABLE. (a) A...
Section 56.055. Use of Clause to Invalidate Enforceability or Perfection of Mechanic's Lien Prohibited - Sec. 56.055. USE OF CLAUSE TO INVALIDATE ENFORCEABILITY OR PERFECTION...
Section 56.056. Assertion of Clause as Affirmative Defense - Sec. 56.056. ASSERTION OF CLAUSE AS AFFIRMATIVE DEFENSE. The assertion...
Section 56.057. Allocation of Risk Permitted - Sec. 56.057. ALLOCATION OF RISK PERMITTED. An obligor or a...
Chapter 57 - Agricultural, Construction, Industrial, Mining, Forestry, Landscaping, and Outdoor Power Equipment Dealer Agreements
Section 57.001. Short Title - Sec. 57.001. SHORT TITLE. This chapter may be cited as...
Section 57.002. Definitions - Sec. 57.002. DEFINITIONS. In this chapter: (1) "Current net parts...
Section 57.003. Waiver of Chapter Void - Sec. 57.003. WAIVER OF CHAPTER VOID. An attempted waiver of...
Subchapter B. Provisions Regarding Dealer Agreement or Dealership
Section 57.051. Certain Provisions Void - Sec. 57.051. CERTAIN PROVISIONS VOID. The following provisions contained in...
Section 57.052. Change in Ownership or Financial Structure - Sec. 57.052. CHANGE IN OWNERSHIP OR FINANCIAL STRUCTURE. A supplier...
Section 57.053. Release of Liability Prohibited - Sec. 57.053. RELEASE OF LIABILITY PROHIBITED. A supplier may not...
Subchapter C. Sale, Transfer, or Ownership of Dealership
Section 57.101. Transfer of Interest in Dealership by Succession; Single-Line Dealer Agreements - Sec. 57.101. TRANSFER OF INTEREST IN DEALERSHIP BY SUCCESSION; SINGLE-LINE...
Section 57.102. Approval of Sale or Transfer of Business at Dealer's Request - Sec. 57.102. APPROVAL OF SALE OR TRANSFER OF BUSINESS AT...
Section 57.103. Approval of Sale or Transfer of Business at Request of Personal Representative - Sec. 57.103. APPROVAL OF SALE OR TRANSFER OF BUSINESS AT...
Subchapter D. Termination of Agreements Other Than Single-Line Dealer Agreements
Section 57.151. Applicability of Subchapter - Sec. 57.151. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to...
Section 57.152. Termination by Dealer; Written Notice - Sec. 57.152. TERMINATION BY DEALER; WRITTEN NOTICE. A dealer must...
Section 57.153. Termination by Supplier; Good Cause Required - Sec. 57.153. TERMINATION BY SUPPLIER; GOOD CAUSE REQUIRED. A supplier...
Section 57.154. Good Cause Determination - Sec. 57.154. GOOD CAUSE DETERMINATION. (a) Except as specifically provided...
Section 57.155. Notice of Termination; Correction of Deficiency - Sec. 57.155. NOTICE OF TERMINATION; CORRECTION OF DEFICIENCY. (a) Except...
Subchapter E. Termination of Single-Line Dealer Agreements
Section 57.201. Applicability of Subchapter - Sec. 57.201. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to...
Section 57.202. Termination by Supplier; Good Cause Required - Sec. 57.202. TERMINATION BY SUPPLIER; GOOD CAUSE REQUIRED. No supplier...
Section 57.203. Good Cause Determination - Sec. 57.203. GOOD CAUSE DETERMINATION. (a) For purposes of this...
Section 57.204. Notice of Termination; Correction of Deficiency - Sec. 57.204. NOTICE OF TERMINATION; CORRECTION OF DEFICIENCY. (a) Except...
Section 57.205. Notice of Termination Not Required Under Certain Circumstances - Sec. 57.205. NOTICE OF TERMINATION NOT REQUIRED UNDER CERTAIN CIRCUMSTANCES....
Subchapter F. Warranty Claims
Section 57.251. Definition of Terminate and Termination - Sec. 57.251. DEFINITION OF TERMINATE AND TERMINATION. For purposes of...
Section 57.252. Applicability of Subchapter; Conflict With Subchapter - Sec. 57.252. APPLICABILITY OF SUBCHAPTER; CONFLICT WITH SUBCHAPTER. (a) Sections...
Section 57.253. Warranty Claim - Sec. 57.253. WARRANTY CLAIM. (a) This section applies to a...
Section 57.254. Resubmission of Warranty Claim - Sec. 57.254. RESUBMISSION OF WARRANTY CLAIM. If a warranty claim...
Section 57.255. Payment of Warranty Claim - Sec. 57.255. PAYMENT OF WARRANTY CLAIM. Warranty work performed by...
Section 57.256. Warranty Claim for Certain Repair Work or Installation of Replacement Parts - Sec. 57.256. WARRANTY CLAIM FOR CERTAIN REPAIR WORK OR INSTALLATION...
Section 57.257. Audit of Warranty Claims - Sec. 57.257. AUDIT OF WARRANTY CLAIMS. (a) Except as provided...
Section 57.258. Alternate Reimbursement Terms Enforceable - Sec. 57.258. ALTERNATE REIMBURSEMENT TERMS ENFORCEABLE. (a) Sections 57.253, 57.254,...
Subchapter G. Delivery, Sale, and Return of Equipment
Section 57.301. Coerced Orders, Deliveries, or Refusals to Purchase - Sec. 57.301. COERCED ORDERS, DELIVERIES, OR REFUSALS TO PURCHASE. (a)...
Section 57.302. Conditional Purchases of Goods and Services - Sec. 57.302. CONDITIONAL PURCHASES OF GOODS AND SERVICES. (a) A...
Section 57.303. Equipment Represented as Available for Immediate Delivery - Sec. 57.303. EQUIPMENT REPRESENTED AS AVAILABLE FOR IMMEDIATE DELIVERY. A...
Section 57.304. Discrimination in Orders - Sec. 57.304. DISCRIMINATION IN ORDERS. A supplier may not discriminate,...
Section 57.305. Discrimination in Prices of New Equipment - Sec. 57.305. DISCRIMINATION IN PRICES OF NEW EQUIPMENT. (a) Except...
Subchapter H. Repurchase or Other Obligations Following Cancellation or Nonrenewal of Agreement
Section 57.351. Definition of Terminate and Termination - Sec. 57.351. DEFINITION OF TERMINATE AND TERMINATION. For purposes of...
Section 57.352. Applicability of Subchapter to Several Business Locations Covered by Same Agreement - Sec. 57.352. APPLICABILITY OF SUBCHAPTER TO SEVERAL BUSINESS LOCATIONS COVERED...
Section 57.353. Payments or Credits - Sec. 57.353. PAYMENTS OR CREDITS. (a) When a supplier or...
Section 57.354. Late Payment or Credit - Sec. 57.354. LATE PAYMENT OR CREDIT. (a) All payments or...
Section 57.355. Liability - Sec. 57.355. LIABILITY. (a) A supplier who refuses to repurchase...
Section 57.356. Construction of Subchapter; Creditor's Claims - Sec. 57.356. CONSTRUCTION OF SUBCHAPTER; CREDITOR'S CLAIMS. This subchapter may...
Section 57.357. Agreement Terminated by Dealer; Inapplicability of Subchapter to Certain Specialty Suppliers - Sec. 57.357. AGREEMENT TERMINATED BY DEALER; INAPPLICABILITY OF SUBCHAPTER TO...
Section 57.358. Exceptions - Sec. 57.358. EXCEPTIONS. (a) A supplier is not required to...
Subchapter I. Actions and Remedies
Section 57.401. Civil Action; Injunctive Relief - Sec. 57.401. CIVIL ACTION; INJUNCTIVE RELIEF. (a) If a supplier...
Section 57.402. Choice of Remedies - Sec. 57.402. CHOICE OF REMEDIES. The provisions of this chapter...
Chapter 58 - Disaster Remediation Contracts
Section 58.001. Definitions - Sec. 58.001. DEFINITIONS. In this chapter: (1) "Disaster remediation" means...
Section 58.002. Applicability of Chapter - Sec. 58.002. APPLICABILITY OF CHAPTER. (a) Except as provided by...
Section 58.003. Disaster Remediation Contract Requirements; Certain Conduct Prohibited - Sec. 58.003. DISASTER REMEDIATION CONTRACT REQUIREMENTS; CERTAIN CONDUCT PROHIBITED. (a)...
Section 58.004. Deceptive Trade Practice - Sec. 58.004. DECEPTIVE TRADE PRACTICE. A violation of this chapter...
Section 58.005. Waiver of Chapter Prohibited - Sec. 58.005. WAIVER OF CHAPTER PROHIBITED. A person may not...
Chapter 59 - Responsibility for Defects in Plans and Specifications
Section 59.001. Definitions - Sec. 59.001. DEFINITIONS. In this chapter: (1) "Construction" includes: (A)...
Section 59.002. Applicability of Chapter - Sec. 59.002. APPLICABILITY OF CHAPTER. (a) This chapter applies only...
Section 59.003. Waiver Prohibited - Sec. 59.003. WAIVER PROHIBITED. This chapter may not be waived....
Subchapter B. Contractor Responsibility
Section 59.051. Limitation on Contractor's Liability and Responsibility for Certain Defects - Sec. 59.051. LIMITATION ON CONTRACTOR'S LIABILITY AND RESPONSIBILITY FOR CERTAIN...
Section 59.052. Standard of Care for Certain Designs - Sec. 59.052. STANDARD OF CARE FOR CERTAIN DESIGNS. Design services...