Tex.
Occ. Code Section 1951.059
Activities Involving Minimal Risk of Harm
(a)
The department by rule may exempt an activity from all or part of the requirements of this chapter, other than a requirement under Section 1951.212 (Integrated Pest Management Programs for School Districts), if the department determines that the activity presents only a minimal risk of harm to the health, safety, and welfare of the public, the person performing the activity, pets and other domesticated animals, and the environment.(b)
A business that performs an activity exempted from regulation under this section and that is not otherwise required to hold a license issued under this chapter shall provide to each customer a written notice, as prescribed by department rule, that:(1)
informs the customer of the customer’s rights under the Deceptive Trade Practices-Consumer Protection Act (Subchapter E (Short Title), Chapter 17 (Deceptive Trade Practices), Business & Commerce Code);(2)
provides contact information for the consumer protection division of the office of the attorney general; and(3)
contains other information required by the department.(c)
Failure to provide the notice required by Subsection (b) is a violation of this chapter. The department may impose an administrative penalty or take any other enforcement action provided by this chapter or the Agriculture Code to deter, restrain, or punish a person who violates this section. An enforcement action by the department under this section is in addition to remedies and penalties provided by the Deceptive Trade Practices-Consumer Protection Act (Subchapter E (Short Title), Chapter 17 (Deceptive Trade Practices), Business & Commerce Code).
Source:
Section 1951.059 — Activities Involving Minimal Risk of Harm, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1951.htm#1951.059 (accessed Jun. 5, 2024).
