2005 Texas Occupations Code CHAPTER 2105. REGULATION OF TALENT AGENCIES

OCCUPATIONS CODE

CHAPTER 2105. REGULATION OF TALENT AGENCIES

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 399, § 1, eff. Sept. 1, 2001;  Acts 
2003, 78th Leg., ch. 816, § 15.001, eff. Sept. 1, 2003;  Acts 
2003, 78th Leg., ch. 1276, § 14A.551(b), eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 816, § 15.002, eff. Sept. 1, 2003.


	§ 2105.003. APPLICABILITY OF OTHER LAW.  Section 51.405 
does not apply to this chapter.

Added by Acts 2003, 78th Leg., ch. 816, § 15.003, eff. Sept. 1, 
2003.    

SUBCHAPTER B. REGISTRATION REQUIREMENTS


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 816, § 15.004, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 
15.007(1).          

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 816, § 15.007(1), eff. Sept. 1, 
2003.


	§ 2105.056. DISCIPLINARY ACTION.  (a) to (c) Repealed by 
Acts 2003, 78th Leg., ch. 816, § 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 816, § 15.007(2), eff. Sept. 1, 
2003.

SUBCHAPTER C. DUTIES OF TALENT AGENCIES


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 816, § 15.005, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 816, § 15.006, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER D. CONTRACTS WITH ARTISTS


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER E. PROHIBITED PRACTICES


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER F. ENFORCEMENT


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.