Sec. 51.161. CONTENTS: LEGAL ACTION HISTORY. (a) A disclosure statement must contain a statement disclosing any person described by Section 51.153 who:
(1) has, during the previous seven fiscal years:
(A) been convicted of a felony, or pleaded nolo contendere to a felony charge, involving fraud, embezzlement, fraudulent conversion, or misappropriation of property; or
(B) been held liable in a civil action resulting in a final judgment, or has settled out of court a civil action, involving:
(i) allegations of fraud, embezzlement, fraudulent conversion, or misappropriation of property;
(ii) the use of untrue or misleading representations in an attempt to sell or dispose of property; or
(iii) the use of unfair, unlawful, or deceptive business practices;
(2) is a party to a civil action involving:
(A) allegations of fraud, embezzlement, fraudulent conversion, or misappropriation of property;
(B) the use of untrue or misleading representations in an attempt to sell or dispose of property; or
(C) the use of unfair, unlawful, or deceptive business practices; or
(3) is subject to an injunction or restrictive order relating to business activity as a result of an action brought by a public agency or department.
(b) A statement required by Subsection (a) must include:
(1) the identity and location of any court or agency;
(2) the date of any entry of a plea of nolo contendere, conviction, judgment, or decision;
(3) any penalty imposed;
(4) any damages assessed;
(5) the terms of any settlement or order; and
(6) the date, nature, and issuer of any order or ruling.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Structure Texas Statutes
Title 4 - Business Opportunities and Agreements
Chapter 51 - Business Opportunities
Subchapter D. Disclosure Statement
Section 51.151. Disclosure to Purchaser of Business Opportunity
Section 51.152. Cover Sheet of Disclosure Statement
Section 51.153. Contents: Names and Addresses
Section 51.154. Contents: Sales Periods
Section 51.155. Contents: Services Description
Section 51.156. Contents: Updated Financial Statement
Section 51.157. Contents: Training Description
Section 51.158. Contents: Security Description
Section 51.159. Contents: Delivery Date; Cancellation of Contract
Section 51.160. Contents: Sales or Earnings Representation
Section 51.161. Contents: Legal Action History
Section 51.162. Contents: Bankruptcy or Reorganization
Section 51.163. Contents: Contract Copy
Section 51.164. Use of Disclosure Document From Other Regulatory Agency