CHAPTER 17. DECEPTIVE TRADE PRACTICES

BUSINESS AND COMMERCE CODE

TITLE 2. COMPETITION AND TRADE PRACTICES

CHAPTER 17. DECEPTIVE TRADE PRACTICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 17.01. DEFINITIONS. In this chapter, unless the context

requires a different definition,

(1) "container" includes bale, barrel, bottle, box, cask, keg,

and package; and

(2) "proprietary mark" includes word, name, symbol, device, and

any combination of them in any form or arrangement, used by a

person to identify his tangible personal property and distinguish

it from the tangible personal property of another.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1,

1967.

SUBCHAPTER B. DECEPTIVE ADVERTISING, PACKING, SELLING, AND

EXPORTING

Sec. 17.08. PRIVATE USE OF STATE SEAL. (a) In this section:

(1) "Commercial purpose" means a purpose that is intended to

result in a profit or other tangible benefit but does not

include:

(A) official use of the state seal or a representation of the

state seal in a state function;

(B) use of the state seal or a representation of the state seal

for a political purpose by an elected official of this state;

(C) use of the state seal or a representation of the state seal

in an encyclopedia, dictionary, book, journal, pamphlet,

periodical, magazine, or newspaper incident to a description or

history of seals, coats of arms, heraldry, or this state;

(D) use of the state seal or a representation of the state seal

in a library, museum, or educational facility incident to

descriptions or exhibits relating to seals, coats of arms,

heraldry, or this state;

(E) use of the state seal or a representation of the state seal

in a theatrical, motion-picture, television, or similar

production for a historical, educational, or newsworthy purpose;

or

(F) use of the state seal or a representation of the state seal

for another historical, educational, or newsworthy purpose if

authorized in writing by the secretary of state.

(2) "Representation of the state seal " includes a nonexact

representation that the secretary of state determines is

deceptively similar to the state seal.

(3) "Official use" means the use of the state seal by an officer

or employee of this state in performing a state function.

(4) "State function" means a state governmental activity

authorized or required by law.

(5) "State seal" means the state seal, the reverse of the state

seal, and the state arms as defined by Sections 3101.001 and

3101.002, Government Code.

(b) Except as otherwise provided by this section, a person may

not use a representation of the state seal:

(1) to advertise or publicize tangible personal property or a

commercial undertaking; or

(2) for another commercial purpose.

(c) A person may use a representation of the state seal for a

commercial purpose if the person obtains a license from the

secretary of state for that use. The secretary of state, under

the authority vested in the secretary as custodian of the seal

under Article IV, Section 19, of the Texas Constitution, shall

issue a license to a person who applies for a license on a form

provided by the secretary of state and who pays the fees required

under this section if the secretary of state determines that the

use is in the best interests of the state and not detrimental to

the image of the state. A license issued under this section

expires one year after the date of issuance and may be renewed.

(d) The secretary of state shall adopt rules relating to the use

of the state seal by a person licensed under this section. The

secretary of state shall adopt the rules in the manner provided

by Chapter 2001, Government Code.

(e) The application fee for a license under this section is $35.

The license fee for an original or renewal license is $250. In

addition to those fees, each licensee shall pay an amount equal

to three percent of the licensee's annual gross receipts related

to the licensed use in excess of $5,000 to the state as a royalty

fee.

(f) A person licensed under this section shall maintain records

relating to the licensee's use of the state seal in the manner

required by the rules of the secretary of state. The secretary of

state may examine the records during reasonable business hours to

determine the licensee's compliance with this section. Each

licensee shall display the license in a conspicuous manner in the

licensee's office or place of business.

(g) The secretary of state may suspend or revoke a license

issued under this section for failure to comply with this section

or the rules adopted under this section. The secretary of state

may bring a civil action to enjoin a violation of this section or

the rules adopted under this section.

(h) A person who reproduces an official document bearing the

state seal does not violate Subsection (b) of this section if the

document is:

(1) reproduced in complete form; and

(2) used for a purpose related to the purpose for which the

document was issued by the state.

(i) A person who violates a provision of Subsection (b) of this

section commits an offense. An offense under this section is a

Class C misdemeanor.

(j) A person who violates Subsection (b) of this section commits

a separate offense each day that the person violates a provision

of that subsection.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1,

1967. Amended by Acts 1985, 69th Leg., ch. 811, Sec. 10, eff.

Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 300, Sec. 8, eff. Aug.

30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept.

1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 2A.001, eff. September 1, 2007.

Sec. 17.11. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS

ADVERTISING. (a) In Subsection (b) of this section, unless the

context requires a different definition, "wholesaler" means a

person who sells for the purpose of resale and not directly to a

consuming purchaser.

(b) No person may wilfully misrepresent the nature of his

business by using in selling or advertising the word

manufacturer, wholesaler, retailer, or other word of similar

meaning.

(c) No person may wilfully misrepresent the ownership of a

business for the purpose of holding a liquidation sale, auction

sale, or other sale which represents that the business is going

out of business. A person who advertises a liquidation sale,

auction sale, or going-out-of-business sale shall state the

correct name and permanent address of the owner of the business

in the advertising.

(d) A person who violates a provision of Subsection (b) or (c)

of this section is guilty of a misdemeanor and upon conviction is

punishable by a fine of not less than $100 nor more than $500.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1,

1967.

Sec. 17.12. DECEPTIVE ADVERTISING. (a) No person may

disseminate a statement he knows materially misrepresents the

cost or character of tangible personal property, a security,

service, or anything he may offer for the purpose of

(1) selling, contracting to sell, otherwise disposing of, or

contracting to dispose of the tangible personal property,

security, service, or anything he may offer; or

(2) inducing a person to contract with regard to the tangible

personal property, security, service, or anything he may offer.

(b) No person may solicit advertising in the name of a club,

association, or organization without the written permission of

such club, association, or organization or distribute any

publication purporting to represent officially a club,

association, or organization without the written authority of or

a contract with such club, association, or organization and

without listing in such publication the complete name and address

of the club, association, or organization endorsing it.

(c) A person's proprietary mark appearing on or in a statement

described in Subsection (a) of this section is prima facie

evidence that the person disseminated the statement.

(d) A person who violates a provision of Subsection (a) or (b)

of this Section is guilty of a misdemeanor and upon conviction is

punishable by a fine of not less than $10 nor more than $200.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1,

1967. Amended by Acts 1969, 61st Leg., p. 2045, ch. 701, Sec. 1,

eff. June 12, 1969.

SUBCHAPTER C. REGULATING THE SALE OR TRANSFER OF SECONDHAND

WATCHES

Sec. 17.18. APPLICABILITY OF SUBCHAPTER TO SECONDHAND WATCHES.

(a) A watch is secondhand if its

(1) case, movement, or case and movement as a unit, has been

previously sold or transferred to a person for his own use or the

use of another;

(2) serial number, movement number, or other identification mark

or number has been removed, altered, or covered up; or

(3) movement is more than one year old and has been repaired

even though the watch has been returned to the seller or

transferor for exchange or credit as described in Subsection

(b)(1) of this section.

(b) A watch is not secondhand if

(1) after the sale or transfer described in Subsection (a)(1) of

this section,

(A) the purchaser or transferee returns the watch to the seller

or transferor for exchange or credit within one year from the

date of sale or transfer to him;

(B) the seller or transferor keeps a written record showing

(i) the purchaser's or transferee's name;

(ii) the date of sale or transfer;

(iii) the serial number on the case and movement, if present;

and

(iv) any proprietary mark;

(C) the record is kept for at least five years from the date of

sale or transfer; and

(D) the record is open for inspection at the seller's or

transferor's business address during business hours by

(i) the county or district attorney of the county in which the

seller or transferor does business; or

(ii) his duly authorized representative; or

(2) its movement is merely cleaned, oiled, or recased.

(c) The provisions of Subsections (a) and (b) of this section do

not apply to a pawnbroker's auction sale of unredeemed pledges.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1,

1967.

Sec. 17.19. LABELING SECONDHAND WATCHES. No person in the

business of buying or selling watches may sell or exchange, offer

to sell or exchange, possess, or display with intent to sell or

exchange a secondhand watch unless he

(1) fastens to the watch a clearly written or printed tag

bearing the word "secondhand"; and

(2) places the tag so the word "secondhand" is in plain sight at

all times.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1,

1967.

Sec. 17.20. CONTENT OF INVOICE FOR SECONDHAND WATCH. (a) No

person in the business of buying or selling watches may sell or

transfer a secondhand watch unless he gives the purchaser or

transferee a written invoice

(1) bearing the words "secondhand watch" in letters larger than

any other letters on the invoice, except those of the letterhead;

and

(2) listing the following items:

(A) the seller's or transferor's name and address;

(B) the purchaser's or transferee's name and address;

(C) the date of sale or transfer;

(D) the name of the watch or its manufacturer; and

(E) the serial number or proprietary mark on the watch or, if

the serial number or proprietary mark has been removed, altered,

or covered up, a statement to that effect.

(b) The seller or transferor shall keep on file a duplicate of

the invoice required by Subsection (a) of this section for at

least five years from the date of sale or transfer.

(c) The county or district attorney, or his authorized

representative, of the county in which the seller or transferor

does business may inspect the duplicate invoice described in

Subsection (b) of this section

(1) during the seller's or transferor's business hours; and

(2) at the seller's or transferor's business address.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1,

1967.

Sec. 17.21. ADVERTISING WATCH AS SECONDHAND. No person may

advertise or display a secondhand watch for sale or exchange

unless he clearly states in the advertisement or display that the

watch is secondhand.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1,

1967.

Sec. 17.22. CRIMINAL PENALTY. A person, or his agent or

employee, who violates a provision of Section 17.19, 17.20, or

17.21 of this code is guilty of a misdemeanor and upon conviction

is punishable by imprisonment in the county jail for not more

than 100 days or by a fine of not more than $500 or by both.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1,

1967.

SUBCHAPTER D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE

OF CONTAINER BEARING MARK

Sec. 17.29. MISUSING CONTAINER; EVIDENCE OF MISUSE AND

CONTAINER'S OWNERSHIP. (a) In this section, unless the context

requires a different definition, "container" also includes

drink-dispensing fountain.

(b) Unless the owner of a reusable container bearing a

proprietary mark (or one acting with the owner's written

permission) agrees, no person may

(1) fill the container for sale or other commercial purpose;

(2) deface, cover up, or remove the proprietary mark from the

container; or

(3) refuse to return the container to the owner if he requests

its return.

(c) A person's wilful

(1) possession of a full or empty reusable container without the

owner's permission is prima facie evidence of his violating a

provision of Subsection (b) of this section;

(2) use, purchase, sale, or other disposition of a full or empty

reusable container without the owner's permission is prima facie

evidence of his violating a provision of Subsection (b) of this

section; and

(3) breaking, damaging, or destroying a full or empty reusable

container is prima facie evidence of his violating a provision of

Subsection (b) of this section.

(d) In an action in which the ownership of a reusable container

is in issue, a person's proprietary mark on the container is

prima facie evidence that the person or his licensee owns the

container.

(e) A person who violates a provision of Subsection (b) of this

section is guilty of a misdemeanor and upon conviction is

punishable by

(1) a fine of not less than $25 nor more than $50 for each

violation concerning a drink-dispensing fountain; or

(2) a fine of not less than $5 nor more than $10 for each

violation concerning any other container.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1,

1967.

Sec. 17.30. MISUSING DAIRY CONTAINER BEARING PROPRIETARY MARK.

(a) In this section, unless the context requires a different

definition, "dairy container" includes butter box, ice cream can,

ice cream tub, milk bottle, milk bottle case, milk can, and milk

jar.

(b) Without the owner's consent, no person may

(1) fill with milk, cream, butter, or ice cream; damage;

mutilate; or destroy a dairy container bearing the owner's

commonly used proprietary mark; or

(2) wilfully refuse to return on request to the owner a dairy

container bearing his commonly used proprietary mark.

(c) Without the owner's written consent, no person may

(1) deface or remove an owner's proprietary mark from a dairy

container; or

(2) substitute on a dairy container his proprietary mark for

that of the owner.

(d) A person's commonly used proprietary mark on a dairy

container is prima facie evidence of that person's ownership of

the container.

(e) A person who violates a provision of Subsection (b) or (c)

of this section is guilty of a misdemeanor and upon conviction is

punishable by a fine of not less than $10 nor more than $100.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1,

1967.

Sec. 17.31. IDENTIFICATION, POSSESSION, AND USE OF CERTAIN

CONTAINERS. (a) In this section:

(1) "Bakery basket or tray" means a wire or plastic container

that holds bread or other baked goods and is used by a

distributor or retailer or an agent of a distributor or retailer

to transport, store, or carry bakery products.

(2) "Container" means a bakery basket or tray, dairy case, egg

basket, poultry box, or other container used to transport, store,

or carry a product.

(3) "Dairy case" means a wire or plastic container that holds 16

quarts or more of beverage and is used by a distributor or

retailer or an agent of a distributor or retailer to transport,

store, or carry dairy products.

(4) "Egg basket" means a permanent type of container that

contains four dozen or more shell eggs and is used by a

distributor or retailer or an agent of a distributor or retailer

to transport, store, or carry eggs.

(5) "Laundry cart" means a basket that is mounted on wheels and

used in a coin-operated laundry or dry cleaning establishment by

a customer or an attendant to transport laundry and laundry

supplies.

(6) "Name or mark" means any permanently affixed or permanently

stamped name or mark that is used for the purpose of identifying

the owner of a shopping cart, laundry cart, or container.

(7) "Parking area" means a lot or other property provided by a

retail establishment for the use of customers to park automobiles

or other vehicles while doing business in that establishment.

(8) "Poultry box" means a permanent type of container that is

used by a processor, distributor, retailer, or food service

establishment or an agent of one of those persons to transport,

store, or carry poultry.

(9) "Shopping cart" means a basket that is mounted on wheels, or

a similar device, generally used in a retail establishment by a

customer to transport goods of any kind.

(b) A person owning a shopping cart, laundry cart, or container

may adopt and use a name or mark on the carts or containers.

(c) A person may not:

(1) use for any purpose outside the premises of the owner or an

adjacent parking area, a container of another that is identified

with or by any name or mark unless the use is authorized by the

owner;

(2) sell or offer for sale a container of another that is

identified with or by a name or mark unless the sale is

authorized by the owner; or

(3) deface, obliterate, destroy, cover up, or otherwise remove

or conceal a name or mark on a container of another without the

written consent of the owner.

(d) A common carrier or contract carrier, unless engaged in the

transporting of dairy products, eggs, and poultry to and from

farms where they are produced, may not receive or transport a

container marked with a name or mark unless the carrier has in

the carrier's possession a bill of lading or invoice for the

container.

(e) A person may not remove a container from the premises,

parking area, or any other area of a processor, distributor, or

retail establishment or from a delivery vehicle unless the person

is legally authorized to do so, if:

(1) the container is marked on at least one side with a name or

mark; and

(2) a notice to the public, warning that unauthorized use by a

person other than the owner is punishable by law, is visibly

displayed on the container.

(f) A person may not:

(1) remove a shopping cart or laundry cart from the premises or

parking area of a retail establishment with intent to temporarily

or permanently deprive the owner of the cart or the retailer of

possession of the cart;

(2) remove a shopping cart or laundry cart, without written

authorization from the owner of the cart, from the premises or

parking area of any retail establishment;

(3) possess, without the written permission of the owner or

retailer in lawful possession of the cart, a shopping cart or

laundry cart outside the premises or parking lot of the retailer

whose name or mark appears on the cart; or

(4) remove, obliterate, or alter a serial number, name, or mark

affixed to a shopping cart or laundry cart.

(g) The requiring, taking, or accepting of a deposit on delivery

of a container, shopping cart, or laundry cart is not considered

a sale of the container or cart.

(h) A person who violates this section commits an offense. An

offense under this section is a Class C misdemeanor. Each

violation constitutes a separate offense.

(i) This section does not apply to the owner of a shopping cart,

laundry cart, or container or to a customer or any other person

who has written consent from the owner of a shopping cart,

laundry cart, or container or from a retailer in lawful

possession of the cart or container to remove it from the

premises or the parking area of the retail establishment. For the

purposes of this section, the term "written consent" includes

tokens and other indicia of consent established by the owner of

the carts or the retailer.

Added by Acts 1989, 71st Leg., ch. 724, Sec. 1, eff. Sept. 1,

1989.

SUBCHAPTER E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION

Sec. 17.41. SHORT TITLE. This subchapter may be cited as the

Deceptive Trade Practices-Consumer Protection Act.

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May

21, 1973.

Sec. 17.42. WAIVERS: PUBLIC POLICY. (a) Any waiver by a

consumer of the provisions of this subchapter is contrary to

public policy and is unenforceable and void; provided, however,

that a waiver is valid and enforceable if:

(1) the waiver is in writing and is signed by the consumer;

(2) the consumer is not in a significantly disparate bargaining

position; and

(3) the consumer is represented by legal counsel in seeking or

acquiring the goods or services.

(b) A waiver under Subsection (a) is not effective if the

consumer's legal counsel was directly or indirectly identified,

suggested, or selected by a defendant or an agent of the

defendant.

(c) A waiver under this section must be:

(1) conspicuous and in bold-face type of at least 10 points in

size;

(2) identified by the heading "Waiver of Consumer Rights," or

words of similar meaning; and

(3) in substantially the following form:

"I waive my rights under the Deceptive Trade Practices-Consumer

Protection Act, Section 17.41 et seq., Business & Commerce

Code, a law that gives consumers special rights and protections.

After consultation with an attorney of my own selection, I

voluntarily consent to this waiver."

(d) The waiver required by Subsection (c) may be modified to

waive only specified rights under this subchapter.

(e) The fact that a consumer has signed a waiver under this

section is not a defense to an action brought by the attorney

general under Section 17.47.

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May

21, 1973. Amended by Acts 1981, 67th Leg., p. 863, ch. 307, Sec.

1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 4943, ch. 883,

Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 167, Sec.

5.02(6), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 380, Sec.

1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 414, Sec. 1,

eff. Sept. 1, 1995.

Sec. 17.43. CUMULATIVE REMEDIES. The provisions of this

subchapter are not exclusive. The remedies provided in this

subchapter are in addition to any other procedures or remedies

provided for in any other law; provided, however, that no

recovery shall be permitted under both this subchapter and

another law of both damages and penalties for the same act or

practice. A violation of a provision of law other than this

subchapter is not in and of itself a violation of this

subchapter. An act or practice that is a violation of a provision

of law other than this subchapter may be made the basis of an

action under this subchapter if the act or practice is proscribed

by a provision of this subchapter or is declared by such other

law to be actionable under this subchapter. The provisions of

this subchapter do not in any way preclude other political

subdivisions of this state from dealing with deceptive trade

practices.

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May

21, 1973. Amended by Acts 1979, 66th Leg., p. 1327, ch. 603, Sec.

1, eff. Aug. 27, 1979; Acts 1995, 74th Leg., ch. 414, Sec. 1,

eff. Sept. 1, 1995.

Sec. 17.44. CONSTRUCTION AND APPLICATION. (a) This subchapter

shall be liberally construed and applied to promote its

underlying purposes, which are to protect consumers against

false, misleading, and deceptive business practices,

unconscionable actions, and breaches of warranty and to provide

efficient and economical procedures to secure such protection.

(b) Chapter 27, Property Code, prevails over this subchapter to

the extent of any conflict.

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May

21, 1973. Amended by Acts 1995, 74th Leg., ch. 414, Sec. 1, eff.

Sept. 1, 1995.

Sec. 17.45. DEFINITIONS. As used in this subchapter:

(1) "Goods" means tangible chattels or real property purchased

or leased for use.

(2) "Services" means work, labor, or service purchased or leased

for use, including services furnished in connection with the sale

or repair of goods.

(3) "Person" means an individual, partnership, corporation,

association, or other group, however organized.

(4) "Consumer" means an individual, partnership, corporation,

this state, or a subdivision or agency of this state who seeks or

acquires by purchase or lease, any goods or services, except that

the term does not include a business consumer that has assets of

$25 million or more, or that is owned or controlled by a

corporation or entity with assets of $25 million or more.

(5) "Unconscionable action or course of action" means an act or

practice which, to a consumer's detriment, takes advantage of the

lack of knowledge, ability, experience, or capacity of the

consumer to a grossly unfair degree.

(6) "Trade" and "commerce" mean the advertising, offering for

sale, sale, lease, or distribution of any good or service, of any

property, tangible or intangible, real, personal, or mixed, and

any other article, commodity, or thing of value, wherever

situated, and shall include any trade or commerce directly or

indirectly affecting the people of this state.

(7) "Documentary material" includes the original or a copy of

any book, record, report, memorandum, paper, communication,

tabulation, map, chart, photograph, mechanical transcription, or

other tangible document or recording, wherever situated.

(8) "Consumer protection division" means the consumer protection

division of the attorney general's office.

(9) "Knowingly" means actual awareness, at the time of the act

or practice complained of, of the falsity, deception, or

unfairness of the act or practice giving rise to the consumer's

claim or, in an action brought under Subdivision (2) of

Subsection (a) of Section 17.50, actual awareness of the act,

practice, condition, defect, or failure constituting the breach

of warranty, but actual awareness may be inferred where objective

manifestations indicate that a person acted with actual

awareness.

(10) "Business consumer" means an individual, partnership, or

corporation who seeks or acquires by purchase or lease, any goods

or services for commercial or business use. The term does not

include this state or a subdivision or agency of this state.

(11) "Economic damages" means compensatory damages for pecuniary

loss, including costs of repair and replacement. The term does

not include exemplary damages or damages for physical pain and

mental anguish, loss of consortium, disfigurement, physical

impairment, or loss of companionship and society.

(12) "Residence" means a building:

(A) that is a single-family house, duplex, triplex, or

quadruplex or a unit in a multiunit residential structure in

which title to the individual units is transferred to the owners

under a condominium or cooperative system; and

(B) that is occupied or to be occupied as the consumer's

residence.

(13) "Intentionally" means actual awareness of the falsity,

deception, or unfairness of the act or practice, or the

condition, defect, or failure constituting a breach of warranty

giving rise to the consumer's claim, coupled with the specific

intent that the consumer act in detrimental reliance on the

falsity or deception or in detrimental ignorance of the

unfairness. Intention may be inferred from objective

manifestations that indicate that the person acted intentionally

or from facts showing that a defendant acted with flagrant

disregard of prudent and fair business practices to the extent

that the defendant should be treated as having acted

intentionally.

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May

21, 1973. Amended by Acts 1975, 64th Leg., p. 149, ch. 62, Sec.

1, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 600, ch. 216,

Sec. 1, eff. May 23, 1977; Acts 1979, 66th Leg., p. 1327, ch.

603, Sec. 2, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 4943,

ch. 883, Sec. 2, 3, eff. Aug. 29, 1983; Acts 1995, 74th Leg., ch.

414, Sec. 2, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

411, Sec. 1, eff. September 1, 2007.

Sec. 17.46. DECEPTIVE TRADE PRACTICES UNLAWFUL. (a) False,

misleading, or deceptive acts or practices in the conduct of any

trade or commerce are hereby declared unlawful and are subject to

action by the consumer protection division under Sections 17.47,

17.58, 17.60, and 17.61 of this code.

(b) Except as provided in Subsection (d) of this section, the

term "false, misleading, or deceptive acts or practices"

includes, but is not limited to, the following acts:

(1) passing off goods or services as those of another;

(2) causing confusion or misunderstanding as to the source,

sponsorship, approval, or certification of goods or services;

(3) causing confusion or misunderstanding as to affiliation,

connection, or association with, or certification by, another;

(4) using deceptive representations or designations of

geographic origin in connection with goods or services;

(5) representing that goods or services have sponsorship,

approval, characteristics, ingredients, uses, benefits, or

quantities which they do not have or that a person has a

sponsorship, approval, status, affiliation, or connection which

he does not;

(6) representing that goods are original or new if they are

deteriorated, reconditioned, reclaimed, used, or secondhand;

(7) representing that goods or services are of a particular

standard, quality, or grade, or that goods are of a particular

style or model, if they are of another;

(8) disparaging the goods, services, or business of another by

false or misleading representation of facts;

(9) advertising goods or services with intent not to sell them

as advertised;

(10) advertising goods or services with intent not to supply a

reasonable expectable public demand, unless the advertisements

disclosed a limitation of quantity;

(11) making false or misleading statements of fact concerning

the reasons for, existence of, or amount of price reductions;

(12) representing that an agreement confers or involves rights,

remedies, or obligations which it does not have or involve, or

which are prohibited by law;

(13) knowingly making false or misleading statements of fact

concerning the need for parts, replacement, or repair service;

(14) misrepresenting the authority of a salesman, representative

or agent to negotiate the final terms of a consumer transaction;

(15) basing a charge for the repair of any item in whole or in

part on a guaranty or warranty instead of on the value of the

actual repairs made or work to be performed on the item without

stating separately the charges for the work and the charge for

the warranty or guaranty, if any;

(16) disconnecting, turning back, or resetting the odometer of

any motor vehicle so as to reduce the number of miles indicated

on the odometer gauge;

(17) advertising of any sale by fraudulently representing that a

person is going out of business;

(18) advertising, selling, or distributing a card which purports

to be a prescription drug identification card issued under

Section 4151.152, Insurance Code, in accordance with rules

adopted by the commissioner of insurance, which offers a discount

on the purchase of health care goods or services from a third

party provider, and which is not evidence of insurance coverage,

unless:

(A) the discount is authorized under an agreement between the

seller of the card and the provider of those goods and services

or the discount or card is offered to members of the seller;

(B) the seller does not represent that the card provides

insurance coverage of any kind; and

(C) the discount is not false, misleading, or deceptive;

(19) using or employing a chain referral sales plan in

connection with the sale or offer to sell of goods, merchandise,

or anything of value, which uses the sales technique, plan,

arrangement, or agreement in which the buyer or prospective buyer

is offered the opportunity to purchase merchandise or goods and

in connection with the purchase receives the seller's promise or

representation that the buyer shall have the right to receive

compensation or consideration in any form for furnishing to the

seller the names of other prospective buyers if receipt of the

compensation or consideration is contingent upon the occurrence

of an event subsequent to the time the buyer purchases the

merchandise or goods;

(20) representing that a guarantee or warranty confers or

involves rights or remedies which it does not have or involve,

provided, however, that nothing in this subchapter shall be

construed to expand the implied warranty of merchantability as

defined in Sections 2.314 through 2.318 and Sections 2A.212

through 2A.216 to involve obligations in excess of those which

are appropriate to the goods;

(21) promoting a pyramid promotional scheme, as defined by

Section 17.461;

(22) representing that work or services have been performed on,

or parts replaced in, goods when the work or services were not

performed or the parts replaced;

(23) filing suit founded upon a written contractual obligation

of and signed by the defendant to pay money arising out of or

based on a consumer transaction for goods, services, loans, or

extensions of credit intended primarily for personal, family,

household, or agricultural use in any county other than in the

county in which the defendant resides at the time of the

commencement of the action or in the county in which the

defendant in fact signed the contract; provided, however, that a

violation of this subsection shall not occur where it is shown by

the person filing such suit he neither knew or had reason to know

that the county in which such suit was filed was neither the

county in which the defendant resides at the commencement of the

suit nor the county in which the defendant in fact signed the

contract;

(24) failing to disclose information concerning goods or

services which was known at the time of the transaction if such

failure to disclose such information was intended to induce the

consumer into a transaction into which the consumer would not

have entered had the information been disclosed;

(25) using the term "corporation," "incorporated," or an

abbreviation of either of those terms in the name of a business

entity that is not incorporated under the laws of this state or

another jurisdiction;

(26) selling, offering to sell, or illegally promoting an

annuity contract under Chapter 22, Acts of the 57th Legislature,

3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil

Statutes), with the intent that the annuity contract will be the

subject of a salary reduction agreement, as defined by that Act,

if the annuity contract is not an eligible qualified investment

under that Act or is not registered with the Teacher Retirement

System of Texas as required by Section 8A of that Act; or

(27) taking advantage of a disaster declared by the governor

under Chapter 418, Government Code, by:

(A) selling or leasing fuel, food, medicine, or another

necessity at an exorbitant or excessive price; or

(B) demanding an exorbitant or excessive price in connection

with the sale or lease of fuel, food, medicine, or another

necessity.

(c)(1) It is the intent of the legislature that in construing

Subsection (a) of this section in suits brought under Section

17.47 of this subchapter the courts to the extent possible will

be guided by Subsection (b) of this section and the

interpretations given by the Federal Trade Commission and federal

courts to Section 5(a)(1) of the Federal Trade Commission Act [15

U.S.C.A. Sec. 45(a)(1)].

(2) In construing this subchapter the court shall not be

prohibited from considering relevant and pertinent decisions of

courts in other jurisdictions.

(d) For the purposes of the relief authorized in Subdivision (1)

of Subsection (a) of Section 17.50 of this subchapter, the term

"false, misleading, or deceptive acts or practices" is limited to

the acts enumerated in specific subdivisions of Subsection (b) of

this section.

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May

21, 1973. Amended by Acts 1977, 65th Leg., p. 601, ch. 216, Sec.

2, 3, eff. May 23, 1977; Acts 1977, 65th Leg., p. 892, ch. 336,

Sec. 1, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1327, ch.

603, Sec. 3, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 280,

Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 570, Sec.

6, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 414, Sec. 3,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 463, Sec. 1, eff.

Sept. 1, 1995; Acts 2001, 77th Leg., ch. 962, Sec. 1, eff. Sept.

1, 2001; Acts 2001, 77th Leg., ch. 1229, Sec. 27, eff. June 1,

2002; Acts 2003, 78th Leg., ch. 1276, Sec. 4.001(a), eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 11.101, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1230, Sec. 26, eff. September 1, 2007.

Sec. 17.461. PYRAMID PROMOTIONAL SCHEME. (a) In this section:

(1) "Compensation" means payment of money, a financial benefit,

or another thing of value. The term does not include payment

based on sale of a product to a person, including a participant,

who purchases the product for actual use or consumption.

(2) "Consideration" means the payment of cash or the purchase of

a product. The term does not include:

(A) a purchase of a product furnished at cost to be used in

making a sale and not for resale;

(B) a purchase of a product subject to a repurchase agreement

that complies with Subsection (b); or

(C) time and effort spent in pursuit of a sale or in a

recruiting activity.

(3) "Participate" means to contribute money into a pyramid

promotional scheme without promoting, organizing, or operating

the scheme.

(4) "Product" means a good, a service, or intangible property of

any kind.

(5) "Promoting a pyramid promotional scheme" means:

(A) inducing or attempting to induce one or more other persons

to participate in a pyramid promotional scheme; or

(B) assisting another person in inducing or attempting to induce

one or more other persons to participate in a pyramid promotional

scheme, including by providing references.

(6) "Pyramid promotional scheme" means a plan or operation by

which a person gives consideration for the opportunity to receive

compensation that is derived primarily from a person's

introduction of other persons to participate in the plan or

operation rather than from the sale of a product by a person

introduced into the plan or operation.

(b) To qualify as a repurchase agreement for the purposes of

Subsection (a)(2)(B), an agreement must be an enforceable

agreement by the seller to repurchase, on written request of the

purchaser and not later than the first anniversary of the

purchaser's date of purchase, all unencumbered products that are

in an unused, commercially resalable condition at a price not

less than 90 percent of the amount actually paid by the purchaser

for the products being returned, less any consideration received

by the purchaser for purchase of the products being returned. A

product that is no longer marketed by the seller is considered

resalable if the product is otherwise in an unused, commercially

resalable condition and is returned to the seller not later than

the first anniversary of the purchaser's date of purchase, except

that the product is not considered resalable if before the

purchaser purchased the product it was clearly disclosed to the

purchaser that the product was sold as a nonreturnable,

discontinued, seasonal, or special promotion item.

(c) A person commits an offense if the person contrives,

prepares, establishes, operates, advertises, sells, or promotes a

pyramid promotional scheme. An offense under this subsection is a

state jail felony.

(d) It is not a defense to prosecution for an offense under this

section that the pyramid promotional scheme involved both a

franchise to sell a product and the authority to sell additional

franchises if the emphasis of the scheme is on the sale of

additional franchises.

Added by Acts 1995, 74th Leg., ch. 463, Sec. 2, eff. Sept. 1,

1995.

Sec. 17.462. LISTING OF BUSINESS LOCATION IN DIRECTORY OR

DATABASE. (a) A person may not misrepresent the geographical

location of a business that derives 50 percent or more of its

gross income from the sale or arranging for the sale of flowers

or floral arrangements in the listing of the business in a

telephone directory or other directory assistance database.

(b) A person is considered to misrepresent the geographical

location of a business for purposes of Subsection (a) if the name

of the business indicates that the business is located in a

geographical area and:

(1) the business is not located within the geographical area

indicated;

(2) the listing fails to identify the municipality and state of

the business's geographical location; and

(3) a telephone call to the local telephone number listed in the

directory or database routinely is forwarded or transferred to a

location that is outside the calling area covered by the

directory or database in which the number is listed.

(c) A person may place a directory listing for a business

described by Subsection (a) the name of which indicates that it

is located in a geographical area that is different from the

geographical area in which the business is located if a

conspicuous notice in the listing states the municipality and

state in which the business is located.

(d) This section does not apply to a publisher of a telephone

directory or other publication or a provider of a directory

assistance service publishing or providing information about

another business.

(e) This section creates no duty and imposes no obligation upon

anyone other than the business that is the subject of the

advertisement or listing.

(f) A violation of this section is a false, misleading, or

deceptive act or practice under this subchapter, and any public

or private right or remedy prescribed by this subchapter may be

used to enforce this section.

Added by Acts 2003, 78th Leg., ch. 138, Sec. 1, eff. Sept. 1,

2003.

Sec. 17.47. RESTRAINING ORDERS. (a) Whenever the consumer

protection division has reason to believe that any person is

engaging in, has engaged in, or is about to engage in any act or

practice declared to be unlawful by this subchapter, and that

proceedings would be in the public interest, the division may

bring an action in the name of the state against the person to

restrain by temporary restraining order, temporary injunction, or

permanent injunction the use of such method, act, or practice.

Nothing herein shall require the consumer protection division to

notify such person that court action is or may be under

consideration. Provided, however, the consumer protection

division shall, at least seven days prior to instituting such

court action, contact such person to inform him in general of the

alleged unlawful conduct. Cessation of unlawful conduct after

such prior contact shall not render such court action moot under

any circumstances, and such injunctive relief shall lie even if

such person has ceased such unlawful conduct after such prior

contact. Such prior contact shall not be required if, in the

opinion of the consumer protection division, there is good cause

to believe that such person would evade service of process if

prior contact were made or that such person would destroy

relevant records if prior contact were made, or that such an

emergency exists that immediate and irreparable injury, loss, or

damage would occur as a result of such delay in obtaining a

temporary restraining order.

(b) An action brought under Subsection (a) of this section which

alleges a claim to relief under this section may be commenced in

the district court of the county in which the person against whom

it is brought resides, has his principal place of business, has

done business, or in the district court of the county where the

transaction occurred, or, on the consent of the parties, in a

district court of Travis County. The court may issue temporary

restraining orders, temporary or permanent injunctions to

restrain and prevent violations of this subchapter and such

injunctive relief shall be issued without bond.

(c) In addition to the request for a temporary restraining

order, or permanent injunction in a proceeding brought under

Subsection (a) of this section, the consumer protection division

may request, and the trier of fact may award, a civil penalty to

be paid to the state in an amount of:

(1) not more than $20,000 per violation; and

(2) if the act or practice that is the subject of the proceeding

was calculated to acquire or deprive money or other property from

a consumer who was 65 years of age or older when the act or

practice occurred, an additional amount of not more than

$250,000.

(d) The court may make such additional orders or judgments as

are necessary to compensate identifiable persons for actual

damages or to restore money or property, real or personal, which

may have been acquired by means of any unlawful act or practice.

Damages may not include any damages incurred beyond a point two

years prior to the institution of the action by the consumer

protection division. Orders of the court may also include the

appointment of a receiver or a sequestration of assets if a

person who has been ordered by a court to make restitution under

this section has failed to do so within three months after the

order to make restitution has become final and nonappealable.

(e) Any person who violates the terms of an injunction under

this section shall forfeit and pay to the state a civil penalty

of not more than $10,000 per violation, not to exceed $50,000. In

determining whether or not an injunction has been violated the

court shall take into consideration the maintenance of procedures

reasonably adapted to insure compliance with the injunction. For

the purposes of this section, the district court issuing the

injunction shall retain jurisdiction, and the cause shall be

continued, and in these cases, the consumer protection division,

or the district or county attorney with prior notice to the

consumer protection division, acting in the name of the state,

may petition for recovery of civil penalties under this section.

(f) An order of the court awarding civil penalties under

Subsection (e) of this section applies only to violations of the

injunction incurred prior to the awarding of the penalty order.

Second or subsequent violations of an injunction issued under

this section are subject to the same penalties set out in

Subsection (e) of this section.

(g) In determining the amount of penalty imposed under

Subsection (c), the trier of fact shall consider:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of any prohibited act or

practice;

(2) the history of previous violations;

(3) the amount necessary to deter future violations;

(4) the economic effect on the person against whom the penalty

is to be assessed;

(5) knowledge of the illegality of the act or practice; and

(6) any other matter that justice may require.

(h) In bringing or participating in an action under this

subchapter, the consumer protection division acts in the name of

the state and does not establish an attorney-client relationship

with another person, including a person to whom the consumer

protection division requests that the court award relief.

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May

21, 1973. Amended by Acts 1977, 65th Leg., p. 602, ch. 216, Sec.

4, eff. May 23, 1977; Acts 1985, 69th Leg., ch. 564, Sec. 1, eff.

Aug. 26, 1985; Acts 1989, 71st Leg., ch. 1082, Sec. 8.01, eff.

Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 242, Sec. 11.18, eff.

Sept. 1, 1991; Acts 1997, 75th Leg., ch. 388, Sec. 1, eff. May

28, 1997; Acts 2003, 78th Leg., ch. 360, Sec. 1, eff. Sept. 1,

2003.

Sec. 17.48. DUTY OF DISTRICT AND COUNTY ATTORNEY. (a) It is

the duty of the district and county attorneys to lend to the

consumer protection division any assistance requested in the

commencement and prosecutions of action under this subchapter.

(b) A district or county attorney, with prior written notice to

the consumer protection division, may institute and prosecute

actions seeking injunctive relief under this subchapter, after

complying with the prior contact provisions of Subsection (a) of

Section 17.47 of this subchapter. On request, the consumer

protection division shall assist the district or county attorney

in any action taken under this subchapter. If an action is

prosecuted by a district or county attorney alone, he shall make

a full report to the consumer protection division including the

final disposition of the matter. No district or county attorney

may bring an action under this section against any licensed

insurer or licensed insurance agent transacting business under

the authority and jurisdiction of the State Board of Insurance

unless first requested in writing to do so by the State Board of

Insurance, the commissioner of insurance, or the consumer

protection division pursuant to a request by the State Board of

Insurance or commissioner of insurance.

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May

21, 1973.

Sec. 17.49. EXEMPTIONS. (a) Nothing in this subchapter shall

apply to the owner or employees of a regularly published

newspaper, magazine, or telephone directory, or broadcast

station, or billboard, wherein any advertisement in violation of

this subchapter is published or disseminated, unless it is

established that the owner or employees of the advertising medium

have knowledge of the false, deceptive, or misleading acts or

practices declared to be unlawful by this subchapter, or had a

direct or substantial financial interest in the sale or

distribution of the unlawfully advertised good or service.

Financial interest as used in this section relates to an

expectation which would be the direct result of such

advertisement.

(b) Nothing in this subchapter shall apply to acts or practices

authorized under specific rules or regulations promulgated by the

Federal Trade Commission under Section 5(a)(1) of the Federal

Trade Commission Act [15 U.S.C.A. 45(a)(1)]. The provisions of

this subchapter do apply to any act or practice prohibited or not

specifically authorized by a rule or regulation of the Federal

Trade Commission. An act or practice is not specifically

authorized if no rule or regulation has been issued on the act or

practice.

(c) Nothing in this subchapter shall apply to a claim for

damages based on the rendering of a professional service, the

essence of which is the providing of advice, judgment, opinion,

or similar professional skill. This exemption does not apply to:

(1) an express misrepresentation of a material fact that cannot

be characterized as advice, judgment, or opinion;

(2) a failure to disclose information in violation of Section

17.46(b)(24);

(3) an unconscionable action or course of action that cannot be

characterized as advice, judgment, or opinion;

(4) breach of an express warranty that cannot be characterized

as advice, judgment, or opinion; or

(5) a violation of Section 17.46(b)(26).

(d) Subsection (c) applies to a cause of action brought against

the person who provided the professional service and a cause of

action brought against any entity that could be found to be

vicariously liable for the person's conduct.

(e) Except as specifically provided by Subsections (b) and (h),

Section 17.50, nothing in this subchapter shall apply to a cause

of action for bodily injury or death or for the infliction of

mental anguish.

(f) Nothing in the subchapter shall apply to a claim arising out

of a written contract if:

(1) the contract relates to a transaction, a project, or a set

of transactions related to the same project involving total

consideration by the consumer of more than $100,000;

(2) in negotiating the contract the consumer is represented by

legal counsel who is not directly or indirectly identified,

suggested, or selected by the defendant or an agent of the

defendant; and

(3) the contract does not involve the consumer's residence.

(g) Nothing in this subchapter shall apply to a cause of action

arising from a transaction, a project, or a set of transactions

relating to the same project, involving total consideration by

the consumer of more than $500,000, other than a cause of action

involving a consumer's residence.

(h) A person who violates Section 17.46(b)(26) is jointly and

severally liable under that subdivision for actual damages, court

costs, and attorney's fees. Subject to Chapter 41, Civil Practice

and Remedies Code, exemplary damages may be awarded in the event

of fraud or malice.

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May

21, 1973. Amended by Acts 1995, 74th Leg., ch. 414, Sec. 4, eff.

Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1229, Sec. 28, eff. June

1, 2002; Acts 2003, 78th Leg., ch. 1276, Sec. 4.001(b), eff.

Sept. 1, 2003.

Sec. 17.50. RELIEF FOR CONSUMERS. (a) A consumer may maintain

an action where any of the following constitute a producing cause

of economic damages or damages for mental anguish:

(1) the use or employment by any person of a false, misleading,

or deceptive act or practice that is:

(A) specifically enumerated in a subdivision of Subsection (b)

of Section 17.46 of this subchapter; and

(B) relied on by a consumer to the consumer's detriment;

(2) breach of an express or implied warranty;

(3) any unconscionable action or course of action by any person;

or

(4) the use or employment by any person of an act or practice in

violation of Chapter 541, Insurance Code.

(b) In a suit filed under this section, each consumer who

prevails may obtain:

(1) the amount of economic damages found by the trier of fact.

If the trier of fact finds that the conduct of the defendant was

committed knowingly, the consumer may also recover damages for

mental anguish, as found by the trier of fact, and the trier of

fact may award not more than three times the amount of economic

damages; or if the trier of fact finds the conduct was committed

intentionally, the consumer may recover damages for mental

anguish, as found by the trier of fact, and the trier of fact may

award not more than three times the amount of damages for mental

anguish and economic damages;

(2) an order enjoining such acts or failure to act;

(3) orders necessary to restore to any party to the suit any

money or property, real or personal, which may have been acquired

in violation of this subchapter; and

(4) any other relief which the court deems proper, including the

appointment of a receiver or the revocation of a license or

certificate authorizing a person to engage in business in this

state if the judgment has not been satisfied within three months

of the date of the final judgment. The court may not revoke or

suspend a license to do business in this state or appoint a

receiver to take over the affairs of a person who has failed to

satisfy a judgment if the person is a licensee of or regulated by

a state agency which has statutory authority to revoke or suspend

a license or to appoint a receiver or trustee. Costs and fees of

such receivership or other relief shall be assessed against the

defendant.

(c) On a finding by the court that an action under this section

was groundless in fact or law or brought in bad faith, or brought

for the purpose of harassment, the court shall award to the

defendant reasonable and necessary attorneys' fees and court

costs.

(d) Each consumer who prevails shall be awarded court costs and

reasonable and necessary attorneys' fees.

(e) In computing additional damages under Subsection (b),

attorneys' fees, costs, and prejudgment interest may not be

considered.

(f) A court may not award prejudgment interest applicable to:

(1) damages for future loss under this subchapter; or

(2) additional damages under Subsection (b).

(g) Chapter 41, Civil Practice and Remedies Code, does not apply

to a cause of action brought under this subchapter.

(h) Notwithstanding any other provision of this subchapter, if a

claimant is granted the right to bring a cause of action under

this subchapter by another law, the claimant is not limited to

recovery of economic damages only, but may recover any actual

damages incurred by the claimant, without regard to whether the

conduct of the defendant was committed intentionally. For the

purpose of the recovery of damages for a cause of action

described by this subsection only, a reference in this subchapter

to economic damages means actual damages. In applying Subsection

(b)(1) to an award of damages under this subsection, the trier of

fact is authorized to award a total of not more than three times

actual damages, in accordance with that subsection.

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May

21, 1973. Amended by Acts 1977, 65th Leg., p. 603, ch. 216, Sec.

5, eff. May 23, 1977; Acts 1979, 66th Leg., p. 1329, ch. 603,

Sec. 4, eff. Aug. 27, 1979; Acts 1989, 71st Leg., ch. 380, Sec.

2, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 414, Sec. 5,

eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 11.102, eff. September 1, 2005.

Sec. 17.501. CONSUMER PROTECTION DIVISION PARTICIPATION IN CLASS

ACTION. (a) A consumer filing an action under Section 17.50

that is to be maintained as a class action shall send to the

consumer protection division:

(1) a copy of the notice required by Section 17.505(a), by

registered or certified mail, at the same time the notice is

given to the person complained against; and

(2) a copy of the petition in the action not later than the

earlier of:

(A) the 30th day after the date the petition is filed; or

(B) the 10th day before the date of any hearing on class

certification or a proposed settlement.

(b) The court shall abate the action for 60 days if the court

finds that notice was not provided to the consumer protection

division as required by Subsection (a).

(c) The court, on a showing of good cause, may allow the

consumer protection division, as representative of the public, to

intervene in an action to which this section applies. The

consumer protection division shall file its motion for

intervention with the court before which the action is pending

and serve a copy of the motion on each party to the action.

Added by Acts 2003, 78th Leg., ch. 360, Sec. 2, eff. Sept. 1,

2003.

Sec. 17.505. NOTICE; INSPECTION. (a) As a prerequisite to