Sections
Subchapter A General Provisions 622.001 – 622.002
Subchapter B Applicability of Chapter 622.051 – 622.061
Subchapter C Prohibited Acts or Conduct 622.101 – 622.110
Subchapter D Acts or Conduct Not Prohibited 622.151 – 622.152
Subchapter E Enforcement 622.201 – 622.206

Terms Used In Texas Business and Commerce Code Chapter 622

  • Accommodation: means any apartment, condominium or cooperative unit, hotel or motel room, cabin, lodge, or other private or commercial structure that:
    (A) is affixed to real property;
    (B) is designed for occupancy or use by one or more individuals; and
    (C) is part of a timeshare plan. See Texas Health and Safety Code 242.096
  • Amenities: means all common areas and includes recreational and maintenance facilities of the timeshare plan. See Texas Health and Safety Code 242.096
  • Association: means a council or association composed of all persons who have purchased a timeshare interest. See Texas Health and Safety Code 242.096
  • Board: means the governing body of a timeshare association designated in a project instrument to act on behalf of the association. See Texas Health and Safety Code 242.096
  • Catch: means take or kill and includes an attempt to take or kill. See Texas Health and Safety Code 243.0115
  • Commission: means the Texas Real Estate Commission. See Texas Health and Safety Code 242.096
  • Developer: means :
    (A) any person, excluding a sales agent, who creates a timeshare plan or is in the business of selling timeshare interests or employs a sales agent to sell timeshare interests; or
    (B) any person who succeeds in the developer's interest by sale, lease, assignment, mortgage, or other transfer if the person:
    (i) offers at least 12 timeshare interests in a particular timeshare plan; and
    (ii) is in the business of selling timeshare interests or employs a sales agent to sell timeshare interests. See Texas Health and Safety Code 242.096
  • Devisee: includes a legatee. See Texas Estates Code 113.156
  • disposition: means a voluntary transfer of any legal or equitable timeshare interest but does not include the transfer or release of a real estate lien or of a security interest. See Texas Health and Safety Code 242.096
  • Escrow agent: means a bonded escrow company, a financial institution whose accounts are insured by a governmental agency or instrumentality, or an attorney or title insurance agent licensed in this state who is responsible for the receipt and disbursement of funds in accordance with this chapter. See Texas Health and Safety Code 242.096
  • Exchange company: means any person who owns or operates an exchange program. See Texas Health and Safety Code 242.096
  • Exempt property: means the property in a decedent's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property. See Texas Estates Code 113.201
  • Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 113.203
  • Hunt: means capture, trap, take, or kill, or an attempt to capture, trap, take, or kill. See Texas Health and Safety Code 243.0115
  • Impacted property: means that real property located in Grayson County adjacent to or near the western end of Eisenhower State Park that is described as:
    (A) Lots 54-79 in "Elm Ridge Homesite Area" as described on a survey and plat of this area by B. See Texas Health and Safety Code 263.001
  • Independent executor: means the personal representative of an estate under independent administration as provided by Chapter Texas Estates Code 113.205
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Legacy: includes a gift or devise of real or personal property made by a will. See Texas Estates Code 113.208
  • Legatee: includes a person who is entitled to a legacy under a will. See Texas Estates Code 113.209
  • Licensed practitioner: includes a sex offender treatment provider who is licensed under Chapter Texas Estates Code 355.111
  • Livestock: means cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, including elk and elk hybrids, and hogs, unless otherwise defined. See Texas Education Code 66.82
  • Managing entity: means the person responsible for operating and maintaining a timeshare property. See Texas Health and Safety Code 242.096
  • Minor: means a person younger than 18 years of age who:
    (1) has never been married; and
    (2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 113.210
  • Month: means a calendar month. See Texas Government Code 312.011
  • Multisite timeshare plan: means a plan in which a timeshare purchaser has:
    (A) a specific timeshare interest, which is the right to use and occupy accommodations at a specific timeshare property and the right to use and occupy accommodations at one or more other component sites created by or acquired solely through the reservation system of the timeshare plan; or
    (B) a nonspecific timeshare interest, which is the right to use and occupy accommodations at more than one component site created by or acquired solely through the reservation system of the timeshare plan but which does not include a right to use and occupy a particular accommodation. See Texas Health and Safety Code 242.096
  • offer: means any advertisement, inducement, or solicitation and includes any attempt to encourage a person to purchase a timeshare interest other than as a security for an obligation. See Texas Health and Safety Code 242.096
  • personal representative: include :
    (1) an executor and independent executor;
    (2) an administrator, independent administrator, and temporary administrator; and
    (3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 114.004
  • Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
  • Project instrument: means a timeshare instrument or one or more recordable documents, by whatever name denominated, applying to the whole of a timeshare project and containing restrictions or covenants regulating the use, occupancy, or disposition of units in a project, including a declaration for a condominium, association articles of incorporation, association bylaws, and rules for a condominium in which a timeshare plan is created. See Texas Health and Safety Code 242.096
  • Promotion: means any program, activity, contest, or gift, prize, or other item of value used to induce any person to attend a timeshare sales presentation. See Texas Health and Safety Code 242.096
  • Purchaser: means any person, other than a developer, who by means of a voluntary transfer acquires a legal or equitable interest in a timeshare interest other than as a security for an obligation. See Texas Health and Safety Code 242.096
  • Sell: means to transfer the ownership or the right of possession of an item to a person for consideration and includes a barter and an even exchange. See Texas Health and Safety Code 243.0115
  • Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
  • Succeeding: means immediately following. See Texas Government Code 312.011
  • Take: except as otherwise provided by this code, means collect, hook, hunt, net, shoot, or snare, by any means or device, and includes an attempt to take or to pursue in order to take. See Texas Health and Safety Code 243.0115
  • Timeshare disclosure statement: means a written statement that includes the information required by Section Texas Health and Safety Code 242.096
  • Timeshare estate: means an arrangement under which the purchaser receives a right to occupy a timeshare property and an estate interest in the real property. See Texas Health and Safety Code 242.096
  • Timeshare instrument: means a master deed, master lease, declaration, or any other instrument used in the creation of a timeshare plan. See Texas Health and Safety Code 242.096
  • Timeshare interest: means a timeshare estate or timeshare use. See Texas Health and Safety Code 242.096
  • Timeshare period: means the period within which the purchaser of a timeshare interest is entitled to the exclusive possession, occupancy, and use of an accommodation. See Texas Health and Safety Code 242.096
  • Timeshare plan: means any arrangement, plan, scheme, or similar method, excluding an exchange program but including a membership agreement, sale, lease, deed, license, or right-to-use agreement, by which a purchaser, in exchange for consideration, receives an ownership right in or the right to use accommodations for a period of time less than a year during a given year, but not necessarily consecutive years. See Texas Health and Safety Code 242.096
  • Timeshare property: means :
    (A) one or more accommodations and any related amenities subject to the same timeshare instrument; and
    (B) any other property or property rights appurtenant to the accommodations and amenities. See Texas Health and Safety Code 242.096
  • Week: means seven consecutive days. See Texas Government Code 311.005
  • Wild: when used in reference to an animal, means a species, including each individual of a species, that normally lives in a state of nature and is not ordinarily domesticated. See Texas Health and Safety Code 243.0115