Texas Occupations Code 1801.151 – Requirement to Obtain Written License
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(a) A commission merchant must obtain the express written license from the owner or consignor of goods, or a person authorized by the owner or consignor, before the commission merchant may, directly or indirectly, purchase or reserve an interest in the consigned goods in the merchant’s name or in the name or through the instrumentality of another, for the merchant’s benefit or for the benefit of another, or as an agent of any other person.
(b) On violation by a commission merchant of Subsection (a), the owner of the goods is entitled to recover from the commission merchant a penalty in an amount equal to half of the value of the goods.
Terms Used In Texas Occupations Code 1801.151
- 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) An action for a penalty under Subsection (b) must be brought in the county in which:
(1) the sale took place; or
(2) the commission merchant resides.