Texas Occupations Code 1805.003 – Application to Secondhand Dealers
Terms Used In Texas Occupations Code 1805.003
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
This chapter does not apply to a person:
(1) acting as a dealer for the exclusive benefit of any community chest, fund, foundation, or nonprofit corporation organized and operated for religious, hospital, or charitable purposes if none of the gross receipts or net earnings of the sale or exchange of business machines benefits a private shareholder or a person participating in the organization or the conduct of the sale or exchange;
(2) who owns the land on which an auction or event involving the sale or exchange of business machines occurs if the person:
(A) does not have control over the auction or event; and
(B) does not have personal knowledge of any facts arising from the auction or event constituting a violation of this chapter; or
(3) whose primary business includes the manufacture, sale, or service of computers or devices peripheral to computers.