Tex. Business & Commerce Code § 104.003
This is the official text of Tex. Business & Commerce Code § 104.003, part of Texas’s Business & Commerce Code — governs commercial transactions and general business practices.
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§ 104.003. CIVIL ACTION.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
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