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Texas Statutes (Last Updated: January 4, 2014) |
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BUSINESS AND COMMERCE CODE |
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Title 5. REGULATION OF BUSINESSES AND SERVICES |
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Subtitle B. RENTAL PRACTICES |
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Chapter 92. RENTAL-PURCHASE AGREEMENTS |
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Subchapter D. LOSS DAMAGE WAIVERS |
Sec. 92.160. ADMINISTRATIVE ENFORCEMENT OF SUBCHAPTER
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(a) The department shall enforce this subchapter and, as necessary, may investigate a merchant who has one or more contracts that include a loss damage waiver.
(b) A person may file a complaint with the department alleging a violation of this subchapter. The department shall investigate the alleged violation on receipt of the complaint and may inspect any record relevant to the complaint.
(c) If, as a result of an investigation, the department determines that a violation may have occurred, the commission shall provide an opportunity for a hearing in the manner provided for a contested case under Chapter 2001, Government Code.
(d) If, after opportunity for hearing, the commission determines that the merchant has violated this subchapter, the commission may:
(1) impose an administrative penalty under Chapter 51, Occupations Code; or
(2) award the complainant damages in an amount not to exceed the amount of the contract price for the merchandise.