2005 Texas Business & Commerce Code CHAPTER 44. TELEMARKETING

BUSINESS & COMMERCE CODE

CHAPTER 44. TELEMARKETING

SUBCHAPTER A. GENERAL PROVISIONS


	§ 44.001. SHORT TITLE.  This chapter may be cited as the 
Texas Telemarketing Disclosure and Privacy Act.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.001 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.002. DEFINITIONS.  In this chapter:                                    
		(1)  "Caller identification service" means a service or 
device designed to provide the user of the service or device with 
the telephone number of an incoming telephone call.
		(2)  "Commission" means the Public Utility Commission 
of Texas.             
		(3)  "Consumer good or service" means property of any 
kind that is normally used for personal, family, or household 
purposes.  The term does not include a security, as defined by 
Section 4, The Securities Act (Article 581-4, Vernon's Texas Civil 
Statutes).
		(4)  "Established business relationship" means a prior 
or existing relationship of a person formed by a voluntary two-way 
communication between a person and a consumer regardless of whether 
consideration is exchanged, regarding consumer goods or services 
offered by the person, that has not been terminated by either party.
		(5)  "Facsimile recording device" means any device 
capable of receiving a facsimile transmission.
		(6)  "Facsimile solicitation" means a telemarketing 
call made by a transmission to a facsimile recording device.
		(7)  "Telemarketer" means a person who makes or causes 
to be made a telemarketing call.
		(8)  "State licensee" means a person licensed by a 
state agency under a law of this state that requires the person to 
obtain a license as a condition of engaging in a profession or 
business.
		(9)  "Telephone call" means a call or other 
transmission which is made to or received at a telephone number, 
including:
			(A)  a call made by an automated telephone dialing 
system;                 
			(B)  a transmission to a facsimile recording 
device;  and                  
			(C)  a call to a mobile telephone number serviced 
by a provider of commercial mobile service, as defined by Section 
332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), 
as amended, Federal Communications Commission rules, and the 
Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66), as 
amended.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Amended by Acts 2003, 78th Leg., ch. 399, § 1, eff. June 20, 
2003.  Renumbered from V.T.C.A., Bus. & C. Code § 43.002 by Acts 
2003, 78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.003. TELEMARKETING CALLS GOVERNED BY CHAPTER.  (a) 
For the purposes of this chapter, a telemarketing call is an 
unsolicited telephone call made to:
		(1)  solicit a sale of a consumer good or service;                            
		(2)  solicit an extension of credit for a consumer good 
or service;  or     
		(3)  obtain information that may be used to solicit a 
sale of a consumer good or service or to extend credit for the sale.
	(b)  This chapter does not apply to a call made:                               
		(1)  by a consumer that is the result of a solicitation 
by a seller or telemarketer or in response to general media 
advertising by direct mail solicitations that clearly, 
conspicuously, and truthfully make all disclosures required by 
federal or state law;
		(2)  in connection with:                                                      
			(A)  an established business relationship;  or                               
			(B)  a business relationship that has been 
terminated, if the call is made before the later of the date the 
first Texas no-call list in which the consumer's telephone number 
appears is published or one year after the date of termination;
		(3)  between a telemarketer and a business, other than 
by a facsimile solicitation, unless the business informed the 
telemarketer that the business does not wish to receive 
telemarketing calls from the telemarketer;
		(4)  to collect a debt;  or                                                   
		(5)  by a state licensee if:                                                  
			(A)  the call is not made by an automated 
telephone dialing system;        
			(B)  the solicited transaction is not completed 
until a face-to-face sales presentation by the seller and the 
consumer is not required to pay or authorize payment until after the 
presentation;  and
			(C)  the consumer has not informed the 
telemarketer that the consumer does not wish to receive 
telemarketing calls from the telemarketer.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.003 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.004. MAKING TELEMARKETING CALL.  In this chapter, a 
person makes a telemarketing call if the person effects a 
telemarketing call on the person's own behalf or on behalf of 
another entity.  A person makes a telemarketing call on behalf of 
another entity if, as a result of the telemarketing call, the other 
entity:
		(1)  can become entitled to receive money or other 
property of any kind from a sale solicited during the call;  or
		(2)  can receive information that is obtained during 
the call and that is to be used for the purpose of:
			(A)  extending or offering to extend credit for a 
consumer good or service to the person solicited;  or
			(B)  directly soliciting a sale of a consumer good 
or service or extending credit for the sale.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.004 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.005. CONSTRUCTION AND APPLICATION.  This chapter 
shall be liberally construed and applied to promote its underlying 
purpose to protect the public against false, misleading, abusive, 
or deceptive practices in the telemarketing business.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.005 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.006. WAIVER PROHIBITED.  An attempted waiver of a 
provision of this chapter is void.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.006 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.

SUBCHAPTER B. CALLER IDENTIFICATION


	§ 44.051. PROHIBITION ON INTERFERENCE WITH CALLER 
IDENTIFICATION SERVICE.  (a) A telemarketer may not, in making a 
telemarketing call, block the identity of the telephone number from 
which the telephone call is made to evade devices designed to 
identify telephone callers.
	(b)  A telemarketer may not:                                                   
		(1)  interfere with or circumvent the capability of a 
caller identification service to access or provide to the recipient 
of the telemarketing call any information regarding the call that 
the service is capable of providing;  and
		(2)  fail to provide caller identification information 
in a manner that is accessible by a caller identification service, 
if the person has capability to provide the information in that 
manner.
	(c)  For purposes of this section, the use of 
telecommunications service or equipment that is incapable of 
transmitting caller identification information does not of itself 
constitute interference with or circumvention of the capability of 
a caller identification service to access or provide the 
information.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.051 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.052. ENFORCEMENT;  PENALTIES.  (a) Except as 
provided by Subsection (c), the commission shall receive and 
investigate complaints concerning violations of this subchapter 
and may assess an administrative penalty not to exceed $1,000 for 
each violation.  If the complaint alleges that the person violating 
this subchapter is a telecommunications provider, as defined by 
Section 51.002, Utilities Code, the commission has exclusive 
jurisdiction over the violation alleged in the complaint, 
notwithstanding Subsection (b).
	(b)  Except as provided by Subsection (c), the attorney 
general may investigate violations of this subchapter and file 
civil enforcement actions seeking injunctive relief, attorney's 
fees, and civil penalties in an amount not to exceed $1,000 for each 
violation.  If the court finds the defendant wilfully or knowingly 
violated this subchapter, the court may increase the amount of the 
civil penalties to an amount not to exceed $3,000 for each 
violation.  A violation of this subchapter is subject to 
enforcement action by the attorney general's consumer protection 
division under Sections 17.47, 17.58, 17.60, and 17.61.
	(c)  A state agency that issues a license to a state licensee 
may receive and investigate complaints concerning violations of 
this subchapter by the state licensee, may assess an administrative 
penalty not to exceed $1,000 for each violation, and may order 
restitution of any monetary damages of the complainant.  In 
addition, if the agency finds that the licensee wilfully or 
knowingly violated this subchapter, the agency may suspend or 
revoke the state licensee's license.
	(d)  Venue for an action under this subchapter is in Travis 
County.          

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.052 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.

SUBCHAPTER C. TEXAS NO-CALL LIST


	§ 44.101. COMMISSION TO ESTABLISH TEXAS NO-CALL 
LISTS.  (a) The commission shall establish and provide for the 
operation of a database to compile a list of names, zip codes, and 
telephone numbers of consumers in this state who object to 
receiving unsolicited telemarketing or telephone calls.
	(b)  The commission may contract with a private vendor to 
maintain the Texas no-call list if:
		(1)  the private vendor has maintained a no-call list 
database containing the names and telephone numbers of consumers 
who have previously requested to be added to a no-call list;  and
		(2)  the contract requires the vendor to publish the 
Texas portion of the national no-call list in an electronic format 
to any telemarketer who agrees to use the Texas no-call list only 
for the purposes of updating the no-call list of that telemarketer 
by including in its list persons with whom the telemarketer does not 
have an established business relationship.
	(c)  The Texas no-call list is a combined list consisting of 
the name and telephone numbers of each consumer in this state who 
has requested to be on that list and of each person in the portion of 
the national do-not-call registry maintained by the United States 
government that relates to this state.  The Texas no-call list shall 
be updated and published on January 1, April 1, July 1, and October 
1 of each year.  An entry on the Texas no-call list expires on the 
third anniversary of the date the entry is first published on the 
list.  An entry may be renewed for successive three-year periods.  
The telephone number of the consumer on the Texas no-call list may 
be deleted from the list on the consumer's written request or if the 
telephone number of the consumer is changed.  The commission may 
charge a person a reasonable amount not to exceed $3 for a request 
to place a telephone number on the Texas no-call list or to renew an 
entry on the list, except that the commission shall provide for a 
method of placement or renewal of an entry by use of the Internet at 
no charge.  The commission shall develop and make available an 
Internet website at which a person may request that a telephone 
number be placed on the Texas no-call list and shall provide a 
toll-free telephone number and a mailing address that persons may 
call or write to obtain a copy of a form to request placement of a 
telephone number on the Texas no-call list.  A private for-profit 
publisher of a residential telephone directory that is distributed 
to the public at minimal or no cost shall include in the directory a 
prominently displayed Internet website address, toll-free number, 
and mailing address established by the commission through which a 
person may request placement of a telephone number on the Texas 
no-call list or order a copy of the form to make this request.
	(d)  The commission or its designee may provide information 
on the Texas no-call list to the administrator of the national 
do-not-call registry and may allow placement of the names and 
telephone numbers contained on the Texas no-call list in the 
national do-not-call registry.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Amended by Acts 2003, 78th Leg., ch. 401, § 1, eff. June 20, 
2003.  Renumbered from V.T.C.A., Bus. & C. Code § 43.101 by Acts 
2003, 78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.  Amended 
by Acts 2005, 79th Leg., ch. 171, § 1, eff. May 27, 2005.


	§ 44.102. TELEMARKETING OF PERSONS ON TEXAS NO-CALL LIST;  
ENFORCEMENT;  PENALTIES.  (a) A telemarketer may not make a 
telemarketing call to a telephone number that has been published on 
the Texas no-call list more than 60 days after the telephone number 
appears on the then-current list.
	(b)  Except as provided by Subsection (d), the commission 
shall receive and investigate complaints concerning violations of 
this subchapter and may assess an administrative penalty not to 
exceed $1,000 for each violation.  If the complaint alleges that the 
person violating this subchapter is a telecommunications provider, 
as defined by Section 51.002, Utilities Code, the commission has 
exclusive jurisdiction, notwithstanding Subsection (c), over the 
violation alleged in the complaint, except that this does not 
affect the right of a consumer to bring an action under Subsection 
(f).
	(c)  Except as provided in Subsection (d), the attorney 
general may investigate violations of this subchapter and file 
civil enforcement actions seeking injunctive relief, attorney's 
fees, and civil penalties in an amount not to exceed $1,000 for each 
violation.  If the court finds the defendant wilfully or knowingly 
violated this subchapter, the court may increase the amount of the 
civil penalties to an amount not to exceed $3,000 for each 
violation.  A violation of this subchapter is subject to 
enforcement action by the attorney general's consumer protection 
division under Sections 17.47, 17.58, 17.60, and 17.61.
	(d)  A state agency that issues a license to a state licensee 
shall receive and investigate complaints concerning violations of 
this subchapter by the state licensee, may assess an administrative 
penalty not to exceed $1,000 for each violation, and may order 
restitution of any monetary damages of the complainant.  In 
addition, if the agency finds that the licensee wilfully or 
knowingly violated this subchapter, the agency may suspend or 
revoke the state licensee's license.
	(e)  Venue for an action based on a violation of this 
subchapter is in the county where the telemarketing call was made or 
received, or if brought by the attorney general, commission, or a 
state agency, in Travis County.
	(f)  For purposes of this subchapter, a consumer on the Texas 
no-call list is presumed to be adversely affected by a telemarketer 
who calls the consumer more than once and may bring a civil action 
based on the second or a subsequent violation of this subchapter if:
		(1)  the consumer has notified the telemarketer of the 
alleged violation and not later than the 30th day after the date of 
the call files a verified complaint setting forth the relevant 
facts surrounding the violation with the commission, the attorney 
general, or a state agency that licenses the person making the call;  
and
		(2)  the commission, attorney general, or state agency 
receiving the complaint fails to initiate an administrative action 
or a civil enforcement action, as appropriate, against the 
telemarketer named in the complaint before the 121st day after the 
date the complaint is filed.
	(g)  If the consumer brings an action based on violation of 
this section and the court finds that the defendant wilfully or 
knowingly violated this section, the court may award damages in an 
amount not to exceed $500 for each violation.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.102 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.103. RULES;  CUSTOMER INFORMATION;  ISOLATED 
VIOLATION.  (a) The commission may adopt rules to administer this 
subchapter.  The commission shall adopt rules:
		(1)  requiring each local exchange telephone company 
and each commercial mobile service provider that provides 
commercial mobile service in this state to inform its customers of 
the requirements of this subchapter by annual inserts in billing 
statements mailed to customers, notification in a customer's 
electronic bill, notification printed on a customer's paper bill, 
notification sent free of charge by messaging service to a 
customer's mobile telephone number, or conspicuous publication of 
the notice in the consumer information pages of local telephone 
directories or other appropriate notice to consumers;
		(2)  providing that a telemarketing call made to a 
number on the Texas no-call list is not a violation of Section 
44.102 if the telemarketing call is an isolated occurrence made by a 
person who has in place adequate procedures to comply with this 
subchapter;  and
		(3)  providing for:                                                           
			(A)  the dissemination of the Texas no-call lists 
in formats, including electronic formats, commonly used by persons 
making telemarketing calls;  and
			(B)  a fee for each such distribution not to 
exceed $75.                   
	(b)  In addition to requiring the notice under Subsection 
(a)(1), the commission may conduct educational programs designed to 
inform the public of their rights and telemarketers of their 
obligations under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Amended by Acts 2003, 78th Leg., ch. 399, § 2, eff. June 20, 
2003.  Renumbered from V.T.C.A., Bus. & C. Code § 43.103 and 
amended by Acts 2003, 78th Leg., ch. 1275, § 2(3), 3(1), eff. 
Sept. 1, 2003.


	§ 44.104. ASSISTANCE OF DEPARTMENT OF INFORMATION 
RESOURCES.  On request of the commission, the Department of 
Information Resources shall assist the commission in administering 
this subchapter.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.104 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.

SUBCHAPTER D. FACSIMILE TRANSMISSIONS


	§ 44.151. NOTICE IN FACSIMILE SOLICITATION.  In addition 
to the technical and procedural standards of federal statutes or 
regulations regarding telephone facsimile machines and 
transmissions, a person in this state who makes or causes to be made 
a facsimile solicitation shall include in the document transmitted 
or on a cover page to the document a statement, in at least 12-point 
type, stating:
		(1)  the correct and complete name of the person making 
the facsimile solicitation and street address of the location of 
the person's place of business;  and
		(2)  a toll-free or local exchange accessible telephone 
number of the person that:
			(A)  is answered in the order in which calls are 
received by an individual capable of responding to inquiries from 
recipients of facsimile solicitations at all times after 9 a.m. and 
before 5 p.m. on each day except Saturday and Sunday;  or
			(B)  automatically and immediately deletes the 
specified telephone number of the recipient.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.151 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.152. ACKNOWLEDGMENT REQUIRED;  TRANSMISSION 
PROHIBITED.  On receipt of oral or written notification from a 
recipient of a facsimile solicitation not to send any further 
facsimile transmissions to one or more telephone numbers specified 
by the recipient, the person making the facsimile solicitation:
		(1)  shall within 24 hours send the recipient a written 
acknowledgment of the recipient's notification;  and
		(2)  may not make or cause to be made a transmission to 
a telephone number specified by the recipient, except for a single 
transmission to comply with Subdivision (1).

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.152 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.153. ENFORCEMENT;  PENALTIES.  (a) Except as 
provided by Subsection (c), the commission shall receive and 
investigate complaints concerning violations of this subchapter 
and may assess an administrative penalty not to exceed $1,000 for 
each violation.  If the complaint alleges that the person violating 
this subchapter is a telecommunications provider, as defined by 
Section 51.002, Utilities Code, the commission has exclusive 
jurisdiction, notwithstanding Subsection (b), over the violation 
alleged in the complaint, except that this does not affect the right 
of a consumer to bring an action under Subsection (e).
	(b)  Except as provided by Subsection (c), the attorney 
general may investigate violations of this subchapter and file 
civil enforcement actions seeking injunctive relief, attorney's 
fees, and civil penalties in an amount not to exceed $1,000 for each 
violation.  If the court finds the defendant wilfully or knowingly 
violated this subchapter, the court may increase the amount of the 
civil penalties to an amount not to exceed $3,000 for each 
violation.  A violation of this subchapter is subject to 
enforcement action by the attorney general's consumer protection 
division under Sections 17.47, 17.58, 17.60, and 17.61.
	(c)  A state agency that issues a license to a state licensee 
shall receive and investigate complaints concerning violations of 
this subchapter by the state licensee and may assess an 
administrative penalty not to exceed $1,000 for each violation.  In 
addition, if the agency finds that the licensee wilfully or 
knowingly violated this subchapter, the agency may suspend or 
revoke the state licensee's license.
	(d)  Venue for an action based on a violation under this 
subchapter is in the county where the telemarketing call was made or 
received, or if brought by the attorney general, commission, or a 
state agency, in Travis County.
	(e)  A person may bring a private right of action based on a 
violation of this subchapter:
		(1)  to enjoin the violation;  and                                            
		(2)  for damages in an amount equal to the greater of:                        
			(A)  the person's actual monetary loss from the 
violation;  or             
			(B)  $500 for each violation;  or                                            
			(C)  for both an injunction and damages.                                     
	(f)  If the court finds that the defendant wilfully or 
knowingly violated this section, the court may increase the amount 
of the award to an amount equal to not more than three times the 
amount available under Subsection (e)(2).

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.153 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.

SUBCHAPTER E. REGULATORY REPORTS


	§ 44.201. REPORT BY COMMISSION.  Before December 31 of 
each even-numbered year, the commission shall submit a report to 
the lieutenant governor and speaker of the house of 
representatives.  The report must contain for the two-year period 
ending August 31 of the year of the report:
		(1)  a statement of the number of telephone numbers 
included on the Texas no-call list, the number of no-call lists 
distributed, and the amount collected for those requests and for 
distribution;
		(2)  a list of complaints received by the commission 
concerning activities regulated by this chapter, itemized by type;
		(3)  a summary of any enforcement efforts made by the 
commission;  and      
		(4)  the commission's recommendations for any changes 
in this chapter.      

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.201 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.202. REPORT BY ATTORNEY GENERAL.  Before December 31 
of each even-numbered year, the attorney general shall submit a 
report to the lieutenant governor and speaker of the house of 
representatives.  The report must contain for the two-year period 
ending August 31 of the year of the report:
		(1)  a list of complaints received by the attorney 
general concerning activities regulated by this chapter, itemized 
by type;
		(2)  a summary of any enforcement efforts made by the 
attorney general;  and
		(3)  the attorney general's recommendations for any 
changes in this chapter.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.202 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.

SUBCHAPTER F. PROVISIONS APPLICABLE TO ADMINISTRATIVE PENALTIES


	§ 44.251. DETERMINATION OF AMOUNT.  The amount of an 
administrative penalty imposed under this chapter shall be based 
on:
		(1)  the seriousness of the violation, including the 
nature, circumstances, extent, and gravity of the violation;
		(2)  the history of previous violations;                                      
		(3)  the amount necessary to deter a future violation;                        
		(4)  efforts to correct the violation;  and                                   
		(5)  any other matter that justice may require.                               

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.251 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.252. STAY OF PENALTY.  The enforcement of the 
penalty may be stayed during the time the order is under judicial 
review if the person pays the penalty to the clerk of the court or 
files a supersedeas bond with the court in the amount of the 
penalty.  A person who cannot afford to pay the penalty or file the 
bond may stay the enforcement by filing an affidavit in the manner 
required by the Texas Rules of Civil Procedure for a party who 
cannot afford to file security for costs, subject to the right to 
contest the affidavit as provided by those rules.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Bus. & C. Code § 43.252 by Acts 2003, 
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.


	§ 44.253. CONTESTED CASE.  A proceeding to impose the 
penalty is considered to be a contested case under Chapter 2001, 
Government Code.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Renumbered V.T.C.A., Bus. & C. Code § 43.253 by Acts 2003, 78th 
Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.