Tex. Bus. & Com. Code § 17.58 · Subchapter E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION
VOLUNTARY COMPLIANCE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In the administration of this subchapter the consumer protection division may accept assurance of voluntary compliance with respect to any act or practice which violates this subchapter from any person who is engaging in, has engaged in, or is about to engage in the act or practice. The assurance shall be in writing and shall be filed with and subject to the approval of the district court in the county in which the alleged violator resides or does business or in the district court of Travis County.
(b) The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person in violation of this subchapter restore to any person in interest any money or property, real or personal, which may have been acquired by means of acts or practices which violate this subchapter.
(c) An assurance of voluntary compliance shall not be considered an admission of prior violation of this subchapter. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of this subchapter.
(d) Matters closed by the filing of an assurance of voluntary compliance may be reopened at any time. Assurances of voluntary compliance shall in no way affect individual rights of action under this subchapter, except that the rights of individuals with regard to money or property received pursuant to a stipulation in the voluntary compliance under Subsection (b) of this section are governed by the terms of the voluntary compliance.
Notes and commentary — not statutory text
History
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm
- Text hash
- sha256 2616c18f33bc234eeb451da191c687115d6e6afbc5a9bbcbfce2dca00dfa491b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 17.58. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 17.46DECEPTIVE TRADE PRACTICES UNLAWFUL.Printed as Sections 17.47, 17.58, 17.60, and 17.61
- Tex. Bus. & Com. Code § 17.463PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN SYNTHETIC SUBSTANCES.Printed as Section 17.58 | Sections 17.47, 17.58, 17.60, and 17.61
- Tex. Bus. & Com. Code § 304.252ENFORCEMENT BY ATTORNEY GENERAL.Printed as Sections 17.47, 17.58, 17.60, and 17.61
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.