Texas Business and Commerce Code 17.29 – Misusing Container; Evidence of Misuse and Container’s Ownership
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(a) In this section, unless the context requires a different definition, “container” also includes drink-dispensing fountain.
(b) Unless the owner of a reusable container bearing a proprietary mark (or one acting with the owner’s written permission) agrees, no person may
(1) fill the container for sale or other commercial purpose;
(2) deface, cover up, or remove the proprietary mark from the container; or
(3) refuse to return the container to the owner if he requests its return.
Terms Used In Texas Business and Commerce Code 17.29
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A person’s wilful
(1) possession of a full or empty reusable container without the owner’s permission is prima facie evidence of his violating a provision of Subsection (b) of this section;
(2) use, purchase, sale, or other disposition of a full or empty reusable container without the owner’s permission is prima facie evidence of his violating a provision of Subsection (b) of this section; and
(3) breaking, damaging, or destroying a full or empty reusable container is prima facie evidence of his violating a provision of Subsection (b) of this section.
(d) In an action in which the ownership of a reusable container is in issue, a person’s proprietary mark on the container is prima facie evidence that the person or his licensee owns the container.
(e) A person who violates a provision of Subsection (b) of this section is guilty of a misdemeanor and upon conviction is punishable by
(1) a fine of not less than $25 nor more than $50 for each violation concerning a drink-dispensing fountain; or
(2) a fine of not less than $5 nor more than $10 for each violation concerning any other container.