{"data":{"id":"us-tx/tex.-occupations-code-1805.002","jurisdiction":"us-tx","citation":"Tex. Occupations Code § 1805.002","heading":"APPLICATION TO BUSINESS MACHINES.","body":"(a) This chapter applies only to a business machine that has previously been sold at retail.\n(b) This chapter does not apply to a business machine:\n(1) acquired in good faith in a transaction involving the stock in trade of another secondhand dealer who previously made the reports on the machine required by this chapter if:\n(A) the selling dealer delivers to the acquiring dealer a written document stating that the reports have been made;\n(B) the acquiring dealer submits a copy of the statement to the chief of police of the municipality or the sheriff of the county in which the selling dealer is located; and\n(C) each secondhand dealer involved in the transaction retains a copy of the statement required by this subdivision for three years after the date of the transaction;\n(2) acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of the assets or stock in trade, in bulk, or a substantial part of those assets, of an industrial or commercial enterprise, other than a secondhand dealer, for the voluntary dissolution or liquidation of the seller's business, or for disposing of an excessive quantity of personal property, or property that has been acquired in a nonjudicial sale or transfer from an owner other than a secondhand dealer, the seller's entire household of personal property, or a substantial part of that property, if the secondhand dealer:\n(A) gives written notice to the chief of police of the municipality or the sheriff of the county in which the dealer's business is located that a reporting exemption is being claimed under this subdivision;\n(B) retains in the dealer's place of business, for three years after the date of the transaction, a copy of the bill of sale, receipt, inventory list, or other transfer document; and\n(C) makes the record retained available for inspection by any peace officer;\n(3) acquired in a sale made:\n(A) by any public officer in the officer's official capacity as a trustee in bankruptcy, executor, administrator, receiver, or public official acting under judicial process or authority; or\n(B) on the execution of, or by virtue of, any process issued by a court;\n(4) acquired as surplus property from the United States, a state, a subdivision of a state, or a municipal corporation;\n(5) reported by a secondhand dealer as an acquisition or a purchase, or reported as destroyed or otherwise disposed of, to:\n(A) a state agency under another law of this state; or\n(B) a municipal or county officer or agency under another law of this state or a municipal ordinance; or\n(6) acquired by a person licensed under Chapter 371, Finance Code.\nActs 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.","path":["OCCUPATIONS CODE","TITLE 11. REGULATION OF SALES AND SOLICITATION","CHAPTER 1805. SALE OF SECONDHAND BUSINESS MACHINES","SUBCHAPTER A. GENERAL PROVISIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1805.htm#1805.002","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:31Z","sha256":"e3864fe39c1d6e7c62bb2a3a20de26897e522faac6c14273fe3e5e31b8bfcc8d","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-occupations-code-1805.001","next":"us-tx/tex.-occupations-code-1805.003"},"notice":"GroundRules: Original legal text. Not legal advice."}