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CHAPTER 15. MONOPOLIES, TRUSTS AND CONSPIRACIES IN RESTRAINT OF TRADE
§ 15.05. UNLAWFUL PRACTICES
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(a) Every contract, combination, or conspiracy in restraint of trade or commerce is unlawful.
(b) It is unlawful for any person to monopolize, attempt to monopolize, or conspire to monopolize any part of trade or commerce. |
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| § 15.22. CRIMINAL SUITS |
(a) Every person, other than a municipal corporation, who acts in violation of any of the prohibitions in Subsection (a) or (b) of Section 15.05 of this Act shall be deemed guilty of a felony and upon conviction shall be punished by confinement in the Texas Department of Corrections for a term of not more than three years or by a fine not to exceed $5,000 or by both.
(b) A district attorney or criminal district attorney may file criminal suit to enforce the provisions in Subsection (a) of this section in district court in Travis County or in any county in which any of the acts that allegedly have contributed to a violation of any of the prohibitions in Subsections (a) and (b) of Section 15.05 of this Act are alleged to have occurred or to be occurring. |
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CHAPTER 16. TRADEMARKS
§ 16.31. CRIMINAL PENALTY
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| (a) A person commits an offense if the person knowingly or intentionally signs and presents or causes to be presented for filing a document that may be or is required to be filed under this chapter and that: |
(1) indicates that the person signing the document has the authority to act on behalf of an applicant or registrant when the person is not authorized to act on behalf of the applicant or registrant;
(2) contains a material false statement; or
(3) is forged. |
| (b) An offense under this section is a Class A misdemeanor unless the actor's intent is to defraud or harm another, in which event the offense is a state jail felony. |
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CHAPTER 17. DECEPTIVE TRADE PRACTICES
§ 17.461. PYRAMID PROMOTIONAL SCHEME
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| (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. |
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CHAPTER 35, SUBCHAPTER B: DUTIES OF RAILROAD COMMISSION AND CRIMINAL OFFENSES INVOLVING BILLS OF LADING
§ 35.17. AGENT ISSUING FRAUDULENT BILL OF LADING
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| (a) An agent of a common carrier may not with intent to defraud a person |
(1) issue a bill of lading;
(2) misdescribe in a bill of lading goods or their quantity described in the bill of lading; or
(3) issue a bill of lading without authority. |
| (b) An agent who violates a provision of Subsection (a) of this section is guilty of a felony and upon conviction is punishable by imprisonment in the penitentiary for not less than 2 nor more than 10 years. |
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| § 35.18. AGENT ISSUING DUPLICATE ORDER BILL OF LADING |
(a) Except where customary in overseas transportation, an agent of a common carrier may not knowingly issue or aid in issuing an order bill of lading in duplicate or in a set of parts.
(b) An agent who violates a provision of Subsection (a) of this section is guilty of a felony and upon conviction is punishable by imprisonment in the penitentiary for not more than five years and by a fine of not more than $5,000. |
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| § 35.20. INDUCING ISSUANCE OF FRAUDULENT BILL OF LADING |
| (a) A person may not with intent to defraud induce an agent of a common carrier to |
(1) issue to him a bill of lading; or
(2) materially misrepresent in a bill of lading issued on behalf of the common carrier the quantity of goods described in the bill of lading. |
| (b) A person who violates a provision of Subsection (a) of this section is guilty of a felony and upon conviction is punishable by imprisonment in the penitentiary for not less than two nor more than five years. |
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| § 35.21. NEGOTIATING FRAUDULENT BILL OF LADING |
| (a) A person may not with intent to defraud negotiate or transfer a bill of lading |
(1) issued in violation of Chapter 7 of this code; or
(2) containing a false, material statement of fact. |
| (b) A person who violates a provision of Subsection (a) of this section is guilty of a felony and upon conviction is punishable by imprisonment in the penitentiary for not more than 10 years. |
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CHAPTER 35, SUBCHAPTER C. CRIMINAL OFFENSES INVOLVING WAREHOUSE RECEIPTS
§ 35.30. WAREHOUSEMAN ISSUING WAREHOUSE RECEIPT WITHOUT GOODS
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(a) A warehouseman, his officer, agent, or employee, may not issue a warehouse receipt if he knows at the time of issuance that the goods described in the warehouse receipt are not under his actual control.
(b) A warehouseman, his officer, agent, or employee, who violates Subsection (a) of this section is guilty of a felony and upon conviction is punishable by imprisonment in the penitentiary for not more than five years or by a fine of not more than $5,000 or by both. |
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| § 35.31. WAREHOUSEMAN ISSUING DUPLICATE WAREHOUSE RECEIPT |
(a) A warehouseman, his officer, agent, or employee, may not issue a duplicate or additional negotiable warehouse receipt for goods if he knows at the time of issuance that a previously issued negotiable warehouse receipt describing those goods is outstanding and uncancelled.
(b) Subsection (a) of this section does not apply if |
(1) the word "Duplicate" is plainly placed on the duplicate or additional negotiable warehouse receipt; or
(2) goods described in the outstanding and uncancelled negotiable warehouse receipt were delivered pursuant to court order on proof that the receipt was lost or destroyed. |
| (c) A warehouseman, his officer, agent, or employee, who violates Subsection (a) of this section is guilty of a felony and upon conviction is punishable by imprisonment in the penitentiary for not more than five years or by a fine of not more than $5,000 or by both. |
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CHAPTER 35, SUBCHAPTER D: MISCELLANEOUS
§ 35.54. USE OF CRIME VICTIM OR MOTOR VEHICLE ACCIDENT INFORMATION FOR CERTAIN PURPOSES PROHIBITED
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| (a) In this section: |
(1) "Crime victim information" means information that is collected or prepared by a law enforcement agency that identifies or serves to identify a person who, according to the records of the law enforcement agency, may have been the victim of a crime in which physical injury to the person occurred or was attempted or in which the offender entered or attempted to enter the dwelling of the person.
(2) "Motor vehicle accident information" means information that is collected or prepared by a law enforcement agency that identifies or serves to identify a person who, according to the records of the law enforcement agency, may have been involved in a motor vehicle accident. |
(b) A person who has possession of crime victim or motor vehicle accident information that the person obtained or knows was obtained from a law enforcement agency may not use the information to contact directly a person who is a crime victim or who was involved in a motor vehicle accident or a member of the person's family for the purpose of soliciting business from the person or family member and may not sell the information to another person for financial gain.
(c) The attorney general may bring an action against a person who violates Subsection(b) of this section pursuant to Section 17.47 of this code.
(d) A person who violates Subsection (b) of this section commits an offense. An offense under this subsection is a Class C misdemeanor unless the defendant has been previously convicted under this subsection more than two times, in which event the offense is a felony of the third degree. |
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CHAPTER 40. CONTESTS AND GIFT GIVEAWAYS
§ 40.121. CRIMINAL PENALTY
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(a) A person commits an offense if the person knowingly violates this chapter.
(b) Except as provided by Subsection (c), an offense under this section is a Class B misdemeanor.
(c) An offense under this section is a: |
(1) Class A misdemeanor if it is shown at the trial of the defendant that the violation occurred not later than the fifth anniversary of the date of a previous conviction under this section; or
(2) third degree felony[0] if the violation was intentional and it is shown at the trial of the defendant that the violation occurred not later than the fifth anniversary of the earlier of the dates of two previous convictions under this section. |
(d) Subsection (c)(2) does not apply to a violation of Subchapter D.
(e) A person may not be prosecuted for more than one offense involving the same promotion, even if that promotion is mailed or distributed to more than one person or is used at more than one location. |
