Texas Business and Commerce Code 17.60 – Reports and Examinations
Terms Used In Texas Business and Commerce Code 17.60
- Consumer: means an individual, partnership, corporation, this state, or a subdivision or agency of this state who seeks or acquires by purchase or lease, any goods or services, except that the term does not include a business consumer that has assets of $25 million or more, or that is owned or controlled by a corporation or entity with assets of $25 million or more. See Texas Business and Commerce Code 17.45
- Consumer protection division: means the consumer protection division of the attorney general's office. See Texas Business and Commerce Code 17.45
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Oath: includes affirmation. See Texas Government Code 311.005
- Oath: A promise to tell the truth.
- Person: means an individual, partnership, corporation, association, or other group, however organized. See Texas Business and Commerce Code 17.45
Whenever the consumer protection division has reason to believe that a person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this subchapter, or when it reasonably believes it to be in the public interest to conduct an investigation to ascertain whether any person is engaging in, has engaged in, or is about to engage in any such act or practice, an authorized member of the division may:
(1) require the person to file on the prescribed forms a statement or report in writing, under oath or otherwise, as to all the facts and circumstances concerning the alleged violation and such other data and information as the consumer protection division deems necessary;
(2) examine under oath any person in connection with this alleged violation;
(3) examine any merchandise or sample of merchandise deemed necessary and proper; and
(4) pursuant to an order of the appropriate court, impound any sample of merchandise that is produced in accordance with this subchapter and retain it in the possession of the division until the completion of all proceedings in connection with which the merchandise is produced.