Texas Business and Commerce Code 104.003 – Civil Action
(a) A franchisee may bring a civil action against a franchisor who violates § 104.002, without regard to the amount in controversy, in the district court in any county in which the franchisor or franchisee transacts business. An action under this section must be commenced and prosecuted not later than the second anniversary of the date the cause of action accrues against the franchisor.
(b) The court shall award to a franchisee who prevails in an action under this section:
(1) the amount of actual damages;
(2) equitable relief as determined by the court to be necessary to remedy the effects of the franchisor’s violation of § 104.002, including a declaratory judgment, permanent injunctive relief, and temporary injunctive relief; and
(3) court costs and attorney’s fees that are reasonable in relation to the amount of work expended.
Terms Used In Texas Business and Commerce Code 104.003
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Effects: includes all personal property and all interest in that property. See Texas Government Code 312.011
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(c) In addition to the remedies provided under Subsection (b), on finding that the defendant wilfully and knowingly committed the violation, the trier of fact shall award not more than three times the amount of actual damages.
(d) In an action under this section, the franchisor has the burden of establishing the offset described by § 104.002 as an affirmative defense.