Sections
Chapter 37 Discipline; Law and Order 37.001 – 37.313
Chapter 38 Health and Safety 38.001 – 38.215

Terms Used In Texas Education Code > Title 2 > Subtitle G

  • 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
  • Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Estates Code 505.051
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Estates Code 505.051
  • Advertisement: means any written, oral, or electronic communication that is directed to or targeted at individuals in this state and contains a promotion, inducement, or offer to sell a timeshare interest, including a promotion, inducement, or offer to sell:
    (A) contained in a brochure, pamphlet, or radio or television transcript;
    (B) communicated by electronic media or telephone; or
    (C) solicited through direct mail. See Texas Health and Safety Code 242.096
  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • Affiliate of a declarant: means any person who controls, is controlled by, or is under common control with a declarant. See Texas Health and Safety Code 171.063
  • Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Estates Code 505.051
  • Allocated interests: means the undivided interest in the common elements, the common expense liability, and votes in the association allocated to each unit. See Texas Health and Safety Code 171.063
  • Amenities: means all common areas and includes recreational and maintenance facilities of the timeshare plan. See Texas Health and Safety Code 242.096
  • Another: means a person other than the actor. See Texas Estates Code 505.051
  • Association: means a council or association composed of all persons who have purchased a timeshare interest. See Texas Health and Safety Code 242.096
  • Association: means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. See Texas Estates Code 505.051
  • Association: means the unit owners' association organized under Section Texas Health and Safety Code 171.063
  • Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Estates Code 505.051
  • 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
  • Board: means the board of directors or the body, regardless of name, designated to act on behalf of the association. See Texas Health and Safety Code 171.063
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Estates Code 505.051
  • 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
  • Common elements: means all portions of a condominium other than the units and includes both general and limited common elements. See Texas Health and Safety Code 171.063
  • Common expense liability: means the liability for common expenses allocated to each unit. See Texas Health and Safety Code 171.063
  • Common expenses: means expenditures made by or financial liabilities of the association, together with any allocations to reserves. See Texas Health and Safety Code 171.063
  • Component site: means a specific geographic location where accommodations that are part of a multisite timeshare plan are located. See Texas Health and Safety Code 242.096
  • Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
  • Condominium: means a form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of those portions. See Texas Health and Safety Code 171.063
  • Conduct: means an act or omission and its accompanying mental state. See Texas Estates Code 505.051
  • Consent: means assent in fact, whether express or apparent. See Texas Estates Code 505.051
  • Corporation: includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. See Texas Estates Code 505.051
  • Correctional facility: means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. See Texas Estates Code 505.051
  • Covered entity: means any person who:
    (A) for commercial, financial, or professional gain, monetary fees, or dues, or on a cooperative, nonprofit, or pro bono basis, engages, in whole or in part, and with real or constructive knowledge, in the practice of assembling, collecting, analyzing, using, evaluating, storing, or transmitting protected health information. See Texas Health and Safety Code 181.001
  • Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Estates Code 505.051
  • Declarant: means a person, or group of persons acting in concert, who:
    (A) as part of a common promotional plan, offers to dispose of the person's interest in a unit not previously disposed of; or
    (B) reserves or succeeds to any special declarant right. See Texas Health and Safety Code 171.063
  • Declaration: means an instrument, however denominated, that creates a condominium, and any amendment to that instrument. See Texas Health and Safety Code 171.063
  • Dedicatory instrument: means each document governing the establishment, maintenance, or operation of a condominium regime. See Texas Health and Safety Code 171.063
  • 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
  • Development rights: means a right or combination of rights reserved by a declarant in the declaration to:
    (A) add real property to a condominium;
    (B) create units, common elements, or limited common elements within a condominium;
    (C) subdivide units or convert units into common elements; or
    (D) withdraw real property from a condominium. See Texas Health and Safety Code 171.063
  • Disclose: means to release, transfer, provide access to, or otherwise divulge information outside the entity holding the information. See Texas Health and Safety Code 181.001
  • 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
  • Disposition: means a voluntary transfer to a purchaser of any legal or equitable interest in a unit but does not include the transfer or release of a security interest. See Texas Health and Safety Code 171.063
  • Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Estates Code 505.051
  • Effects: includes all personal property and all interest in that property. See Texas Government Code 312.011
  • 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
  • Exchange disclosure statement: means a written statement that includes the information required by Section Texas Health and Safety Code 242.096
  • Exchange program: means any method, arrangement, or procedure for the voluntary exchange of timeshare interests among purchasers or owners. See Texas Health and Safety Code 242.096
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Estates Code 505.051
  • General common elements: means common elements that are not limited common elements. See Texas Health and Safety Code 171.063
  • Government: means :
    (A) the state;
    (B) a county, municipality, or political subdivision of the state; or
    (C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Estates Code 505.051
  • Harm: means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. See Texas Estates Code 505.051
  • Health Insurance Portability and Accountability Act and Privacy Standards: means the privacy requirements in existence on September 1, 2011, of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. See Texas Health and Safety Code 181.001
  • Hunt: means capture, trap, take, or kill, or an attempt to capture, trap, take, or kill. See Texas Health and Safety Code 243.0115
  • Identifying number: means a symbol or address that identifies only one unit in a condominium. See Texas Health and Safety Code 171.063
  • 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
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Estates Code 505.051
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Estates Code 505.051
  • Licensed practitioner: includes a sex offender treatment provider who is licensed under Chapter Texas Estates Code 355.111
  • Limited common element: means a portion of the common elements allocated by the declaration or by operation of Section Texas Health and Safety Code 171.063
  • Managing entity: means the person responsible for operating and maintaining a timeshare property. See Texas Health and Safety Code 242.096
  • Marketing: means :
    (A) making a communication about a product or service that encourages a recipient of the communication to purchase or use the product or service, unless the communication is made:
    (i) to describe a health-related product or service or the payment for a health-related product or service that is provided by, or included in a plan of benefits of, the covered entity making the communication, including communications about:
    (a) the entities participating in a health care provider network or health plan network;
    (b) replacement of, or enhancement to, a health plan; or
    (c) health-related products or services available only to a health plan enrollee that add value to, but are not part of, a plan of benefits;
    (ii) for treatment of the individual;
    (iii) for case management or care coordination for the individual, or to direct or recommend alternative treatments, therapies, health care providers, or settings of care to the individual; or
    (iv) by a covered entity to an individual that encourages a change to a prescription drug included in the covered entity's drug formulary or preferred drug list;
    (B) an arrangement between a covered entity and any other entity under which the covered entity discloses protected health information to the other entity, in exchange for direct or indirect remuneration, for the other entity or its affiliate to make a communication about its own product or service that encourages recipients of the communication to purchase or use that product or service; and
    (C) notwithstanding Paragraphs (A)(ii) and (iii), a product-specific written communication to a consumer that encourages a change in products. See Texas Health and Safety Code 181.001
  • Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Estates Code 505.051
  • 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
  • Oath: includes affirmation. See Texas Government Code 311.005
  • 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
  • Official oath: means the oath required by Article XVI, Section Texas Government Code 312.011
  • Owner: means a person who:
    (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
    (B) is a holder in due course of a negotiable instrument. See Texas Estates Code 505.051
  • Person: means an individual, corporation, or association. See Texas Estates Code 505.051
  • Plan: means a dimensional drawing that is recordable in the real property records or the condominium plat records and that horizontally and vertically identifies or describes units and common elements that are contained in buildings. See Texas Health and Safety Code 171.063
  • Plat: means a survey recordable in the real property records or the condominium plat records and containing the information required by Section Texas Health and Safety Code 171.063
  • Possession: means actual care, custody, control, or management. See Texas Estates Code 505.051
  • 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
  • Public servant: means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:
    (A) an officer, employee, or agent of government;
    (B) a juror or grand juror; or
    (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
    (D) an attorney at law or notary public when participating in the performance of a governmental function; or
    (E) a candidate for nomination or election to public office; or
    (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. See Texas Estates Code 505.051
  • 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
  • Purchaser: means a person, other than a declarant, who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than a leasehold interest or as security for an obligation. See Texas Health and Safety Code 171.063
  • Reservation system: means the method, arrangement, or procedure by which a purchaser, in order to reserve the use and occupancy of an accommodation of a multisite timeshare plan for one or more timeshare periods, is required to compete with other purchasers in the same multisite timeshare plan, regardless of whether the reservation system is operated and maintained by the multisite timeshare plan, a managing entity, an exchange company, or any other person. See Texas Health and Safety Code 242.096
  • Secure correctional facility: means :
    (A) a municipal or county jail; or
    (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. See Texas Estates Code 505.051
  • 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
  • Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Texas Estates Code 505.051
  • Sight order: means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. See Texas Estates Code 505.051
  • 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
  • Single-site timeshare plan: means a timeshare plan in which a timeshare purchaser's right to use and occupy accommodations is limited to a single timeshare property. See Texas Health and Safety Code 242.096
  • Special declarant rights: means rights reserved for the benefit of a declarant to:
    (A) complete improvements indicated on plats and plans filed with the declaration;
    (B) exercise any development right;
    (C) make the condominium part of a larger condominium or a planned community;
    (D) maintain sales, management, and leasing offices, signs advertising the condominium, and models;
    (E) use easements through the common elements for the purpose of making improvements within the condominium or within real property that may be added to the condominium; or
    (F) appoint or remove any officer or board member of the association during any period of declarant control. See Texas Health and Safety Code 171.063
  • Succeeding: means immediately following. See Texas Government Code 312.011
  • Swear: includes affirm. See Texas Government Code 311.005
  • sworn: includes affirm or affirmed. 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
  • Unit: means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described by the declaration. See Texas Health and Safety Code 171.063
  • Unit owner: means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold condominium whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the condominium, but does not include a person having an interest in a unit solely as security for an obligation. See Texas Health and Safety Code 171.063
  • 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