Sec. 541.107. DETERMINATION OF VIOLATION. After a hearing under this subchapter, the department shall determine whether:
(1) the method of competition or the act or practice considered in the hearing is defined as:
(A) an unfair method of competition or deceptive act or practice under Subchapter B or a rule adopted under this chapter; or
(B) a false, misleading, or deceptive act or practice under Section 17.46, Business & Commerce Code; and
(2) the person against whom the charges were made engaged in the method of competition or act or practice in violation of:
(A) this chapter or a rule adopted under this chapter; or
(B) Subchapter E, Chapter 17, Business & Commerce Code, as specified in Section 17.46, Business & Commerce Code.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Structure Texas Statutes
Title 5 - Protection of Consumer Interests
Subtitle C - Deceptive, Unfair, and Prohibited Practices
Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices
Section 541.101. Examination and Investigation
Section 541.102. Statement of Charges; Notice of Hearing
Section 541.104. Hearing Procedures
Section 541.105. Record of Hearing
Section 541.106. Compliance With Subpoena
Section 541.107. Determination of Violation
Section 541.108. Cease and Desist Order
Section 541.109. Modification or Setting Aside of Order
Section 541.110. Administrative Penalty
Section 541.111. Civil Penalty for Violation of Cease and Desist Order