CHAPTER 2105. REGULATION OF TALENT AGENCIES

OCCUPATIONS CODE

TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT

SUBTITLE C. ARTS AND MUSIC

CHAPTER 2105. REGULATION OF TALENT AGENCIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2105.001. DEFINITIONS. In this chapter:

(1) "Artist" means:

(A) an actor who performs in a motion picture, radio, or

television production; or

(B) a model.

(2) "Commission" means the Texas Commission of Licensing and

Regulation.

(3) "Department" means the Texas Department of Licensing and

Regulation.

(3-a) "Executive director" means the executive director of the

department.

(4) "Model" means an individual who performs professional

services as a:

(A) fashion model;

(B) model for commercial photography or demonstration of

products for advertising purposes; or

(C) host for a convention or other special event.

(5) "Person" means an individual, corporation, organization,

business trust, estate, trust, partnership, association, or any

other private legal entity.

(6) "Talent agency" means a person engaged in the business of

obtaining or attempting to obtain employment for artists,

including a person that counsels or directs an artist in the

development of the artist's professional career.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 399, Sec. 1, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 816, Sec. 15.001, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.551(b), eff. Sept.

1, 2003.

Sec. 2105.002. POWERS AND DUTIES. (a) The executive director

shall prescribe application forms for original and renewal

certificates of registration.

(b) The commission shall:

(1) set application and registration fees in amounts that are

reasonable and necessary to defray the costs of administering

this chapter; and

(2) adopt rules as necessary to implement this chapter.

(c) The commission may adopt rules as necessary to administer

the registration program created under this chapter.

(d) The department may take other action as necessary to enforce

this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.002, eff. Sept.

1, 2003.

Sec. 2105.003. APPLICABILITY OF OTHER LAW. Section 51.405 does

not apply to this chapter.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 15.003, eff. Sept.

1, 2003.

SUBCHAPTER B. REGISTRATION REQUIREMENTS

Sec. 2105.051. REGISTRATION REQUIRED. A person may not operate

a talent agency in this state unless the person holds a

certificate of registration issued by the department under this

chapter for each location at which the person operates a talent

agency.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2105.052. REGISTRATION STATEMENT. (a) An applicant for a

certificate of registration must file a registration statement

with the department.

(b) The registration statement must contain:

(1) the name and address of the talent agency;

(2) the address of each location at which the applicant proposes

to operate a talent agency;

(3) the name and address of each person who directly or

indirectly owns or controls 10 percent or more of the outstanding

shares of stock of the talent agency;

(4) a description of the type of services offered by the talent

agency; and

(5) a full and complete disclosure of any litigation relating to

the operation of a talent agency brought against the talent

agency or an owner, officer, or director of the talent agency if

the litigation:

(A) was completed not later than three years before the date the

registration statement is filed; or

(B) is pending on the filing date.

(c) A registration statement must be accompanied by a surety

bond in the amount of $10,000 that is:

(1) payable to the state; and

(2) conditioned on faithful compliance with this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2105.053. REGISTRATION FEE. The department may charge a

talent agency a reasonable fee to cover the cost of filing a

registration statement or an update of a registration statement.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.004, eff. Sept.

1, 2003.

Sec. 2105.054. CERTIFICATE ISSUANCE. The department shall issue

a certificate of registration to a talent agency that:

(1) files a complete registration statement;

(2) posts the required surety bond; and

(3) pays the required registration fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2105.055. TERM; RENEWAL. (a) A certificate of

registration is valid for one year after the date of issuance.

(b), (c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec.

15.007(1).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.007(1), eff.

Sept. 1, 2003.

Sec. 2105.056. DISCIPLINARY ACTION. (a) Repealed by Acts 2003,

78th Leg., ch. 816, Sec. 15.007(2).

(b), (c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec.

15.007(2).

(d) A person whose certificate of registration has been revoked

may not apply for a new certificate of registration before the

first anniversary of the date of the revocation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.007(2), eff.

Sept. 1, 2003.

SUBCHAPTER C. DUTIES OF TALENT AGENCIES

Sec. 2105.101. REGISTRATION STATEMENT; COPY, INSPECTION, AND

UPDATE. (a) A talent agency shall maintain a copy of the

registration statement filed under Section 2105.052 in the

agency's records.

(b) The talent agency shall permit an artist, on request, to

inspect the agency's registration statement if the artist uses or

proposes to use the services of the agency.

(c) A talent agency shall update the registration statement if a

material change occurs in the information contained in the

statement.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2105.102. DISPLAY OF CERTIFICATE. A certificate holder

shall display the holder's certificate of registration in a

conspicuous place in the holder's principal office.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2105.103. CONSUMER INFORMATION. A certificate holder shall

display, in the holder's principal office, a sign provided by the

department that contains:

(1) the department's name;

(2) the mailing address and telephone number of the department's

main office; and

(3) a statement informing consumers that a complaint against a

talent agency registered under this chapter may be directed to

the department.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2105.104. AGENCY RECORDS. A certificate holder shall

maintain records relating to the operation of the talent agency

as required by commission rule.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.005, eff. Sept.

1, 2003.

Sec. 2105.105. ARTIST FUNDS. (a) A certificate holder

receiving funds on behalf of an artist shall deposit those funds

in an account maintained in a financial institution covered by

federal deposit insurance.

(b) Funds deposited under this section may be disbursed only as

prescribed by commission rule.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.006, eff. Sept.

1, 2003.

Sec. 2105.106. MAINTENANCE OF BOND. (a) A certificate holder

shall maintain the bond required by Section 2105.052 until the

second anniversary of the date the certificate holder ceases to

operate as a talent agency in this state.

(b) The requirements of Section 2105.052(c) and this section do

not limit the recovery of damages to the amount of the surety

bond.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2105.107. NOTIFICATION OF LEGAL ACTION. If a legal action

relating to the operation of a talent agency is brought against

the agency or an owner, officer, or director of the agency, the

agency shall notify the department, in writing, not later than

the 10th day after the date the agency receives notice of the

action.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. CONTRACTS WITH ARTISTS

Sec. 2105.151. GENERAL REQUIREMENTS. (a) A contract entered

into between a talent agency and an artist for the purchase of

services from the agency must:

(1) be in writing; and

(2) be signed by the artist.

(b) The contract constitutes the entire agreement between the

talent agency and the artist.

(c) A talent agency must deliver a fully completed copy of a

contract to an artist who purchases services from the agency

before the contract is signed.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2105.152. CONTRACT CANCELLATION; REFUND. (a) An artist

who purchases services from a talent agency may cancel the

contract before the fourth business day after the date the

contract is signed by notifying the agency in writing of the

cancellation.

(b) Written notification is considered given if the notification

is mailed by certified mail to the principal office of the talent

agency not later than midnight of the third business day.

(c) If an artist cancels a contract as provided by this section,

the talent agency shall refund to the artist any money received

from the artist under the contract.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2105.153. VOID CONTRACT. A contract covered by Section

2105.151 is void if the contract:

(1) does not comply with this chapter; or

(2) is entered into in reliance on a fraudulent or misleading

representation, notice, or advertisement of the talent agency.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER E. PROHIBITED PRACTICES

Sec. 2105.201. ADVANCE FEES; SPLITTING FEES. (a) In this

section, "fee" includes:

(1) money or other valuable consideration paid or promised to be

paid for a service rendered by a person operating as a talent

agency;

(2) money received by a talent agency in excess of the amount

paid by the agency for transportation, transfer of baggage, or

board and lodging for an applicant for employment as an artist;

or

(3) the difference between the amount received by a talent

agency for furnishing an artist for an entertainment production,

exhibition, or performance and the amount the talent agency pays

to the artist.

(b) A talent agency may not:

(1) charge, as a condition of registering an applicant or

representing an artist, a registration or advance fee; or

(2) split or share fees with a person who is not registered

under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2105.202. REQUIREMENT TO USE CERTAIN SERVICES PROHIBITED.

A talent agency may not require an applicant or artist to

subscribe to or use a specific publication, video or audio tape,

postcard service, advertisement service, resume service,

photographer, or acting or modeling school or workshop.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER F. ENFORCEMENT

Sec. 2105.251. DECEPTIVE TRADE PRACTICE. (a) A violation of

this chapter is a false, misleading, or deceptive act or practice

within the meaning of Section 17.46, Business & Commerce

Code.

(b) A public or private right or remedy prescribed by Chapter

17, Business & Commerce Code, may be used to enforce this

section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2105.253. CRIMINAL OFFENSE. (a) A person commits an

offense if the person knowingly violates this chapter or a rule

adopted under this chapter.

(b) An offense under this section is a Class A misdemeanor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.