Texas Occupations Code 2310.207 – Civil Action
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(a) If a dealer or a distributor, supplier, or wholesaler of motor fuel violates § 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015, a person who purchased the motor fuel and sustained damages or who has a complaint about the product may bring an action against the dealer, distributor, supplier, or wholesaler.
(b) The action may be brought, without regard to the specific amount of damages, in the district court in any county in which:
(1) the dealer, distributor, supplier, or wholesaler transacts business; or
(2) the dealer resides.
Terms Used In Texas Occupations Code 2310.207
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- 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
(c) The court shall award to a motor fuel user 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 violation, 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.
(d) In addition to the remedies provided under Subsection (c), on finding that the defendant wilfully or knowingly violated § 2310.201, 2310.2012, or 2310.2013, the trier of fact shall award not more than three times the amount of actual damages.
(e) A violation of § 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 also constitutes a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code.
(f) An action alleging a violation of § 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 must be commenced and prosecuted not later than the second anniversary of the date on which the cause of action accrues.