Tex. Bus. & Com. Code Section 51.301
Prohibited Acts


A seller may not:

(1)

employ a representation, device, scheme, or artifice to deceive a purchaser;

(2)

make an untrue statement of a material fact or omit to state a material fact in connection with the documents and information required to be provided to the secretary of state or purchaser;

(3)

represent that the business opportunity provides or will provide income or earning potential unless the seller:

(A)

has documented data to substantiate the representation of income or earning potential; and

(B)

discloses the data to the purchaser when the representation is made; or

(4)

make a claim or representation that is inconsistent with the information required to be disclosed by this chapter in:

(A)

advertising or other promotional material; or

(B)

an oral sales presentation, solicitation, or discussion between the seller and the purchaser.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Source: Section 51.301 — Prohibited Acts, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­51.­htm#51.­301 (accessed Apr. 20, 2024).

51.001
Short Title
51.002
General Definitions
51.003
Definition of Business Opportunity
51.004
Liberal Construction and Application
51.005
Burden of Proof
51.006
Waiver
51.007
Maintenance of Records
51.008
Filing Fee
51.009
Rules
51.051
Filing of Disclosure Statements and List of Sellers
51.052
Updating of Information on File
51.053
Filing of Disclosure Document from Other Regulatory Agency
51.054
Filing of Copy of Bond or Notification of Account
51.101
Bond, Trust Account, or Letter of Credit Required
51.102
Action Against Bond, Trust Account, or Letter of Credit
51.151
Disclosure to Purchaser of Business Opportunity
51.152
Cover Sheet of Disclosure Statement
51.153
Contents: Names and Addresses
51.154
Contents: Sales Periods
51.155
Contents: Services Description
51.156
Contents: Updated Financial Statement
51.157
Contents: Training Description
51.158
Contents: Security Description
51.159
Contents: Delivery Date
51.160
Contents: Sales or Earnings Representation
51.161
Contents: Legal Action History
51.162
Contents: Bankruptcy or Reorganization
51.163
Contents: Contract Copy
51.164
Use of Disclosure Document from Other Regulatory Agency
51.201
Form of Business Opportunity Contract
51.202
Delivery of Copies of Documents to Purchaser
51.203
Effect of Assignment of Business Opportunity Contract
51.251
Voluntary Termination of Business Opportunity Registration
51.252
Involuntary Termination of Business Opportunity Registration
51.301
Prohibited Acts
51.302
Deceptive Trade Practice
51.303
Review and Suit by Attorney General

Accessed:
Apr. 20, 2024

§ 51.301’s source at texas​.gov