{"data":{"id":"us-tx/tex.-business-commerce-code-17.29","jurisdiction":"us-tx","citation":"Tex. Business \u0026 Commerce Code § 17.29","heading":"MISUSING CONTAINER; EVIDENCE OF MISUSE AND CONTAINER'S OWNERSHIP.","body":"(a) In this section, unless the context requires a different definition, \"container\" also includes drink-dispensing fountain.\n(b) Unless the owner of a reusable container bearing a proprietary mark (or one acting with the owner's written permission) agrees, no person may\n(1) fill the container for sale or other commercial purpose;\n(2) deface, cover up, or remove the proprietary mark from the container; or\n(3) refuse to return the container to the owner if he requests its return.\n(c) A person's wilful\n(1) possession of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section;\n(2) use, purchase, sale, or other disposition of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section; and\n(3) breaking, damaging, or destroying a full or empty reusable container is prima facie evidence of his violating a provision of Subsection (b) of this section.\n(d) In an action in which the ownership of a reusable container is in issue, a person's proprietary mark on the container is prima facie evidence that the person or his licensee owns the container.\n(e) A person who violates a provision of Subsection (b) of this section is guilty of a misdemeanor and upon conviction is punishable by\n(1) a fine of not less than $25 nor more than $50 for each violation concerning a drink-dispensing fountain; or\n(2) a fine of not less than $5 nor more than $10 for each violation concerning any other container.\nActs 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.","path":["BUSINESS AND COMMERCE CODE","TITLE 2. COMPETITION AND TRADE PRACTICES","CHAPTER 17. DECEPTIVE TRADE PRACTICES","SUBCHAPTER D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK"],"source_url":"https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm#17.29","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:46:56Z","sha256":"3d171bc42b811478487fce2cffa8eb5cacd876e5d2704a4d097538879ca39855","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-business-commerce-code-17.12","next":"us-tx/tex.-business-commerce-code-17.30"},"notice":"GroundRules: Original legal text. Not legal advice."}