Texas § BC.104.003 - CIVIL ACTION
Full text of Texas The Texas Constitution § BC.104.003 — CIVIL ACTION, with citation guidance and answers to common questions.
§ BC.104.003. CIVIL ACTION
CIVIL ACTION. (a) A franchisee may bring a civil action against a franchisor who violates Section 104.002 , without regard to the amount in controversy, in the district court in any county in which the franchisor or franchisee transacts business. An action under this section must be commenced and prosecuted not later than the second anniversary of the date the cause of action accrues against the franchisor. (b) The court shall award to a franchisee who prevails in an action under this section: (1) the amount of actual damages; (2) equitable relief as determined by the court to be necessary to remedy the effects of the franchisor's violation of Section 104.002 , including a declaratory judgment, permanent injunctive relief, and temporary injunctive relief; and (3) court costs and attorney's fees that are reasonable in relation to the amount of work expended. (c) In addition to the remedies provided under Subsection (b), on finding that the defendant wilfully and knowingly committed the violation, the trier of fact shall award not more than three times the amount of actual damages. (d) In an action under this section, the franchisor has the burden of establishing the offset described by Section 104.002 as an affirmative defense. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278 ), Sec. 2.01, eff. April 1, 2009.
Frequently Asked Questions About Texas § BC.104.003
What does The Texas Constitution § BC.104.003 cover?
Section BC.104.003 ("CIVIL ACTION") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § BC.104.003?
A common citation format is "The Texas Constitution § BC.104.003" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § BC.104.003 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.