State Codes and Statutes
Statutes > Texas > Occupations-code > Title-13-sports-amusements-and-entertainment > Chapter-2105-regulation-of-talent-agencies
OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT
SUBTITLE C. ARTS AND MUSIC
CHAPTER 2105. REGULATION OF TALENT AGENCIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2105.001. DEFINITIONS. In this chapter:
(1) "Artist" means:
(A) an actor who performs in a motion picture, radio, or
television production; or
(B) a model.
(2) "Commission" means the Texas Commission of Licensing and
Regulation.
(3) "Department" means the Texas Department of Licensing and
Regulation.
(3-a) "Executive director" means the executive director of the
department.
(4) "Model" means an individual who performs professional
services as a:
(A) fashion model;
(B) model for commercial photography or demonstration of
products for advertising purposes; or
(C) host for a convention or other special event.
(5) "Person" means an individual, corporation, organization,
business trust, estate, trust, partnership, association, or any
other private legal entity.
(6) "Talent agency" means a person engaged in the business of
obtaining or attempting to obtain employment for artists,
including a person that counsels or directs an artist in the
development of the artist's professional career.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 399, Sec. 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 816, Sec. 15.001, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.551(b), eff. Sept.
1, 2003.
Sec. 2105.002. POWERS AND DUTIES. (a) The executive director
shall prescribe application forms for original and renewal
certificates of registration.
(b) The commission shall:
(1) set application and registration fees in amounts that are
reasonable and necessary to defray the costs of administering
this chapter; and
(2) adopt rules as necessary to implement this chapter.
(c) The commission may adopt rules as necessary to administer
the registration program created under this chapter.
(d) The department may take other action as necessary to enforce
this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.002, eff. Sept.
1, 2003.
Sec. 2105.003. APPLICABILITY OF OTHER LAW. Section 51.405 does
not apply to this chapter.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 15.003, eff. Sept.
1, 2003.
SUBCHAPTER B. REGISTRATION REQUIREMENTS
Sec. 2105.051. REGISTRATION REQUIRED. A person may not operate
a talent agency in this state unless the person holds a
certificate of registration issued by the department under this
chapter for each location at which the person operates a talent
agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.052. REGISTRATION STATEMENT. (a) An applicant for a
certificate of registration must file a registration statement
with the department.
(b) The registration statement must contain:
(1) the name and address of the talent agency;
(2) the address of each location at which the applicant proposes
to operate a talent agency;
(3) the name and address of each person who directly or
indirectly owns or controls 10 percent or more of the outstanding
shares of stock of the talent agency;
(4) a description of the type of services offered by the talent
agency; and
(5) a full and complete disclosure of any litigation relating to
the operation of a talent agency brought against the talent
agency or an owner, officer, or director of the talent agency if
the litigation:
(A) was completed not later than three years before the date the
registration statement is filed; or
(B) is pending on the filing date.
(c) A registration statement must be accompanied by a surety
bond in the amount of $10,000 that is:
(1) payable to the state; and
(2) conditioned on faithful compliance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.053. REGISTRATION FEE. The department may charge a
talent agency a reasonable fee to cover the cost of filing a
registration statement or an update of a registration statement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.004, eff. Sept.
1, 2003.
Sec. 2105.054. CERTIFICATE ISSUANCE. The department shall issue
a certificate of registration to a talent agency that:
(1) files a complete registration statement;
(2) posts the required surety bond; and
(3) pays the required registration fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.055. TERM; RENEWAL. (a) A certificate of
registration is valid for one year after the date of issuance.
(b), (c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec.
15.007(1).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.007(1), eff.
Sept. 1, 2003.
Sec. 2105.056. DISCIPLINARY ACTION. (a) Repealed by Acts 2003,
78th Leg., ch. 816, Sec. 15.007(2).
(b), (c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec.
15.007(2).
(d) A person whose certificate of registration has been revoked
may not apply for a new certificate of registration before the
first anniversary of the date of the revocation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.007(2), eff.
Sept. 1, 2003.
SUBCHAPTER C. DUTIES OF TALENT AGENCIES
Sec. 2105.101. REGISTRATION STATEMENT; COPY, INSPECTION, AND
UPDATE. (a) A talent agency shall maintain a copy of the
registration statement filed under Section 2105.052 in the
agency's records.
(b) The talent agency shall permit an artist, on request, to
inspect the agency's registration statement if the artist uses or
proposes to use the services of the agency.
(c) A talent agency shall update the registration statement if a
material change occurs in the information contained in the
statement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.102. DISPLAY OF CERTIFICATE. A certificate holder
shall display the holder's certificate of registration in a
conspicuous place in the holder's principal office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.103. CONSUMER INFORMATION. A certificate holder shall
display, in the holder's principal office, a sign provided by the
department that contains:
(1) the department's name;
(2) the mailing address and telephone number of the department's
main office; and
(3) a statement informing consumers that a complaint against a
talent agency registered under this chapter may be directed to
the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.104. AGENCY RECORDS. A certificate holder shall
maintain records relating to the operation of the talent agency
as required by commission rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.005, eff. Sept.
1, 2003.
Sec. 2105.105. ARTIST FUNDS. (a) A certificate holder
receiving funds on behalf of an artist shall deposit those funds
in an account maintained in a financial institution covered by
federal deposit insurance.
(b) Funds deposited under this section may be disbursed only as
prescribed by commission rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.006, eff. Sept.
1, 2003.
Sec. 2105.106. MAINTENANCE OF BOND. (a) A certificate holder
shall maintain the bond required by Section 2105.052 until the
second anniversary of the date the certificate holder ceases to
operate as a talent agency in this state.
(b) The requirements of Section 2105.052(c) and this section do
not limit the recovery of damages to the amount of the surety
bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.107. NOTIFICATION OF LEGAL ACTION. If a legal action
relating to the operation of a talent agency is brought against
the agency or an owner, officer, or director of the agency, the
agency shall notify the department, in writing, not later than
the 10th day after the date the agency receives notice of the
action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. CONTRACTS WITH ARTISTS
Sec. 2105.151. GENERAL REQUIREMENTS. (a) A contract entered
into between a talent agency and an artist for the purchase of
services from the agency must:
(1) be in writing; and
(2) be signed by the artist.
(b) The contract constitutes the entire agreement between the
talent agency and the artist.
(c) A talent agency must deliver a fully completed copy of a
contract to an artist who purchases services from the agency
before the contract is signed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.152. CONTRACT CANCELLATION; REFUND. (a) An artist
who purchases services from a talent agency may cancel the
contract before the fourth business day after the date the
contract is signed by notifying the agency in writing of the
cancellation.
(b) Written notification is considered given if the notification
is mailed by certified mail to the principal office of the talent
agency not later than midnight of the third business day.
(c) If an artist cancels a contract as provided by this section,
the talent agency shall refund to the artist any money received
from the artist under the contract.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.153. VOID CONTRACT. A contract covered by Section
2105.151 is void if the contract:
(1) does not comply with this chapter; or
(2) is entered into in reliance on a fraudulent or misleading
representation, notice, or advertisement of the talent agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. PROHIBITED PRACTICES
Sec. 2105.201. ADVANCE FEES; SPLITTING FEES. (a) In this
section, "fee" includes:
(1) money or other valuable consideration paid or promised to be
paid for a service rendered by a person operating as a talent
agency;
(2) money received by a talent agency in excess of the amount
paid by the agency for transportation, transfer of baggage, or
board and lodging for an applicant for employment as an artist;
or
(3) the difference between the amount received by a talent
agency for furnishing an artist for an entertainment production,
exhibition, or performance and the amount the talent agency pays
to the artist.
(b) A talent agency may not:
(1) charge, as a condition of registering an applicant or
representing an artist, a registration or advance fee; or
(2) split or share fees with a person who is not registered
under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.202. REQUIREMENT TO USE CERTAIN SERVICES PROHIBITED.
A talent agency may not require an applicant or artist to
subscribe to or use a specific publication, video or audio tape,
postcard service, advertisement service, resume service,
photographer, or acting or modeling school or workshop.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. ENFORCEMENT
Sec. 2105.251. DECEPTIVE TRADE PRACTICE. (a) A violation of
this chapter is a false, misleading, or deceptive act or practice
within the meaning of Section 17.46, Business & Commerce
Code.
(b) A public or private right or remedy prescribed by Chapter
17, Business & Commerce Code, may be used to enforce this
section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.253. CRIMINAL OFFENSE. (a) A person commits an
offense if the person knowingly violates this chapter or a rule
adopted under this chapter.
(b) An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
State Codes and Statutes
Statutes > Texas > Occupations-code > Title-13-sports-amusements-and-entertainment > Chapter-2105-regulation-of-talent-agencies
OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT
SUBTITLE C. ARTS AND MUSIC
CHAPTER 2105. REGULATION OF TALENT AGENCIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2105.001. DEFINITIONS. In this chapter:
(1) "Artist" means:
(A) an actor who performs in a motion picture, radio, or
television production; or
(B) a model.
(2) "Commission" means the Texas Commission of Licensing and
Regulation.
(3) "Department" means the Texas Department of Licensing and
Regulation.
(3-a) "Executive director" means the executive director of the
department.
(4) "Model" means an individual who performs professional
services as a:
(A) fashion model;
(B) model for commercial photography or demonstration of
products for advertising purposes; or
(C) host for a convention or other special event.
(5) "Person" means an individual, corporation, organization,
business trust, estate, trust, partnership, association, or any
other private legal entity.
(6) "Talent agency" means a person engaged in the business of
obtaining or attempting to obtain employment for artists,
including a person that counsels or directs an artist in the
development of the artist's professional career.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 399, Sec. 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 816, Sec. 15.001, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.551(b), eff. Sept.
1, 2003.
Sec. 2105.002. POWERS AND DUTIES. (a) The executive director
shall prescribe application forms for original and renewal
certificates of registration.
(b) The commission shall:
(1) set application and registration fees in amounts that are
reasonable and necessary to defray the costs of administering
this chapter; and
(2) adopt rules as necessary to implement this chapter.
(c) The commission may adopt rules as necessary to administer
the registration program created under this chapter.
(d) The department may take other action as necessary to enforce
this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.002, eff. Sept.
1, 2003.
Sec. 2105.003. APPLICABILITY OF OTHER LAW. Section 51.405 does
not apply to this chapter.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 15.003, eff. Sept.
1, 2003.
SUBCHAPTER B. REGISTRATION REQUIREMENTS
Sec. 2105.051. REGISTRATION REQUIRED. A person may not operate
a talent agency in this state unless the person holds a
certificate of registration issued by the department under this
chapter for each location at which the person operates a talent
agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.052. REGISTRATION STATEMENT. (a) An applicant for a
certificate of registration must file a registration statement
with the department.
(b) The registration statement must contain:
(1) the name and address of the talent agency;
(2) the address of each location at which the applicant proposes
to operate a talent agency;
(3) the name and address of each person who directly or
indirectly owns or controls 10 percent or more of the outstanding
shares of stock of the talent agency;
(4) a description of the type of services offered by the talent
agency; and
(5) a full and complete disclosure of any litigation relating to
the operation of a talent agency brought against the talent
agency or an owner, officer, or director of the talent agency if
the litigation:
(A) was completed not later than three years before the date the
registration statement is filed; or
(B) is pending on the filing date.
(c) A registration statement must be accompanied by a surety
bond in the amount of $10,000 that is:
(1) payable to the state; and
(2) conditioned on faithful compliance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.053. REGISTRATION FEE. The department may charge a
talent agency a reasonable fee to cover the cost of filing a
registration statement or an update of a registration statement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.004, eff. Sept.
1, 2003.
Sec. 2105.054. CERTIFICATE ISSUANCE. The department shall issue
a certificate of registration to a talent agency that:
(1) files a complete registration statement;
(2) posts the required surety bond; and
(3) pays the required registration fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.055. TERM; RENEWAL. (a) A certificate of
registration is valid for one year after the date of issuance.
(b), (c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec.
15.007(1).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.007(1), eff.
Sept. 1, 2003.
Sec. 2105.056. DISCIPLINARY ACTION. (a) Repealed by Acts 2003,
78th Leg., ch. 816, Sec. 15.007(2).
(b), (c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec.
15.007(2).
(d) A person whose certificate of registration has been revoked
may not apply for a new certificate of registration before the
first anniversary of the date of the revocation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.007(2), eff.
Sept. 1, 2003.
SUBCHAPTER C. DUTIES OF TALENT AGENCIES
Sec. 2105.101. REGISTRATION STATEMENT; COPY, INSPECTION, AND
UPDATE. (a) A talent agency shall maintain a copy of the
registration statement filed under Section 2105.052 in the
agency's records.
(b) The talent agency shall permit an artist, on request, to
inspect the agency's registration statement if the artist uses or
proposes to use the services of the agency.
(c) A talent agency shall update the registration statement if a
material change occurs in the information contained in the
statement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.102. DISPLAY OF CERTIFICATE. A certificate holder
shall display the holder's certificate of registration in a
conspicuous place in the holder's principal office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.103. CONSUMER INFORMATION. A certificate holder shall
display, in the holder's principal office, a sign provided by the
department that contains:
(1) the department's name;
(2) the mailing address and telephone number of the department's
main office; and
(3) a statement informing consumers that a complaint against a
talent agency registered under this chapter may be directed to
the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.104. AGENCY RECORDS. A certificate holder shall
maintain records relating to the operation of the talent agency
as required by commission rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.005, eff. Sept.
1, 2003.
Sec. 2105.105. ARTIST FUNDS. (a) A certificate holder
receiving funds on behalf of an artist shall deposit those funds
in an account maintained in a financial institution covered by
federal deposit insurance.
(b) Funds deposited under this section may be disbursed only as
prescribed by commission rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.006, eff. Sept.
1, 2003.
Sec. 2105.106. MAINTENANCE OF BOND. (a) A certificate holder
shall maintain the bond required by Section 2105.052 until the
second anniversary of the date the certificate holder ceases to
operate as a talent agency in this state.
(b) The requirements of Section 2105.052(c) and this section do
not limit the recovery of damages to the amount of the surety
bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.107. NOTIFICATION OF LEGAL ACTION. If a legal action
relating to the operation of a talent agency is brought against
the agency or an owner, officer, or director of the agency, the
agency shall notify the department, in writing, not later than
the 10th day after the date the agency receives notice of the
action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. CONTRACTS WITH ARTISTS
Sec. 2105.151. GENERAL REQUIREMENTS. (a) A contract entered
into between a talent agency and an artist for the purchase of
services from the agency must:
(1) be in writing; and
(2) be signed by the artist.
(b) The contract constitutes the entire agreement between the
talent agency and the artist.
(c) A talent agency must deliver a fully completed copy of a
contract to an artist who purchases services from the agency
before the contract is signed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.152. CONTRACT CANCELLATION; REFUND. (a) An artist
who purchases services from a talent agency may cancel the
contract before the fourth business day after the date the
contract is signed by notifying the agency in writing of the
cancellation.
(b) Written notification is considered given if the notification
is mailed by certified mail to the principal office of the talent
agency not later than midnight of the third business day.
(c) If an artist cancels a contract as provided by this section,
the talent agency shall refund to the artist any money received
from the artist under the contract.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.153. VOID CONTRACT. A contract covered by Section
2105.151 is void if the contract:
(1) does not comply with this chapter; or
(2) is entered into in reliance on a fraudulent or misleading
representation, notice, or advertisement of the talent agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. PROHIBITED PRACTICES
Sec. 2105.201. ADVANCE FEES; SPLITTING FEES. (a) In this
section, "fee" includes:
(1) money or other valuable consideration paid or promised to be
paid for a service rendered by a person operating as a talent
agency;
(2) money received by a talent agency in excess of the amount
paid by the agency for transportation, transfer of baggage, or
board and lodging for an applicant for employment as an artist;
or
(3) the difference between the amount received by a talent
agency for furnishing an artist for an entertainment production,
exhibition, or performance and the amount the talent agency pays
to the artist.
(b) A talent agency may not:
(1) charge, as a condition of registering an applicant or
representing an artist, a registration or advance fee; or
(2) split or share fees with a person who is not registered
under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.202. REQUIREMENT TO USE CERTAIN SERVICES PROHIBITED.
A talent agency may not require an applicant or artist to
subscribe to or use a specific publication, video or audio tape,
postcard service, advertisement service, resume service,
photographer, or acting or modeling school or workshop.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. ENFORCEMENT
Sec. 2105.251. DECEPTIVE TRADE PRACTICE. (a) A violation of
this chapter is a false, misleading, or deceptive act or practice
within the meaning of Section 17.46, Business & Commerce
Code.
(b) A public or private right or remedy prescribed by Chapter
17, Business & Commerce Code, may be used to enforce this
section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.253. CRIMINAL OFFENSE. (a) A person commits an
offense if the person knowingly violates this chapter or a rule
adopted under this chapter.
(b) An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
State Codes and Statutes
Statutes >
Texas >
Occupations-code >
Title-13-sports-amusements-and-entertainment >
Chapter-2105-regulation-of-talent-agencies OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT
SUBTITLE C. ARTS AND MUSIC
CHAPTER 2105. REGULATION OF TALENT AGENCIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2105.001. DEFINITIONS. In this chapter:
(1) "Artist" means:
(A) an actor who performs in a motion picture, radio, or
television production; or
(B) a model.
(2) "Commission" means the Texas Commission of Licensing and
Regulation.
(3) "Department" means the Texas Department of Licensing and
Regulation.
(3-a) "Executive director" means the executive director of the
department.
(4) "Model" means an individual who performs professional
services as a:
(A) fashion model;
(B) model for commercial photography or demonstration of
products for advertising purposes; or
(C) host for a convention or other special event.
(5) "Person" means an individual, corporation, organization,
business trust, estate, trust, partnership, association, or any
other private legal entity.
(6) "Talent agency" means a person engaged in the business of
obtaining or attempting to obtain employment for artists,
including a person that counsels or directs an artist in the
development of the artist's professional career.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 399, Sec. 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 816, Sec. 15.001, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.551(b), eff. Sept.
1, 2003.
Sec. 2105.002. POWERS AND DUTIES. (a) The executive director
shall prescribe application forms for original and renewal
certificates of registration.
(b) The commission shall:
(1) set application and registration fees in amounts that are
reasonable and necessary to defray the costs of administering
this chapter; and
(2) adopt rules as necessary to implement this chapter.
(c) The commission may adopt rules as necessary to administer
the registration program created under this chapter.
(d) The department may take other action as necessary to enforce
this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.002, eff. Sept.
1, 2003.
Sec. 2105.003. APPLICABILITY OF OTHER LAW. Section 51.405 does
not apply to this chapter.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 15.003, eff. Sept.
1, 2003.
SUBCHAPTER B. REGISTRATION REQUIREMENTS
Sec. 2105.051. REGISTRATION REQUIRED. A person may not operate
a talent agency in this state unless the person holds a
certificate of registration issued by the department under this
chapter for each location at which the person operates a talent
agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.052. REGISTRATION STATEMENT. (a) An applicant for a
certificate of registration must file a registration statement
with the department.
(b) The registration statement must contain:
(1) the name and address of the talent agency;
(2) the address of each location at which the applicant proposes
to operate a talent agency;
(3) the name and address of each person who directly or
indirectly owns or controls 10 percent or more of the outstanding
shares of stock of the talent agency;
(4) a description of the type of services offered by the talent
agency; and
(5) a full and complete disclosure of any litigation relating to
the operation of a talent agency brought against the talent
agency or an owner, officer, or director of the talent agency if
the litigation:
(A) was completed not later than three years before the date the
registration statement is filed; or
(B) is pending on the filing date.
(c) A registration statement must be accompanied by a surety
bond in the amount of $10,000 that is:
(1) payable to the state; and
(2) conditioned on faithful compliance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.053. REGISTRATION FEE. The department may charge a
talent agency a reasonable fee to cover the cost of filing a
registration statement or an update of a registration statement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.004, eff. Sept.
1, 2003.
Sec. 2105.054. CERTIFICATE ISSUANCE. The department shall issue
a certificate of registration to a talent agency that:
(1) files a complete registration statement;
(2) posts the required surety bond; and
(3) pays the required registration fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.055. TERM; RENEWAL. (a) A certificate of
registration is valid for one year after the date of issuance.
(b), (c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec.
15.007(1).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.007(1), eff.
Sept. 1, 2003.
Sec. 2105.056. DISCIPLINARY ACTION. (a) Repealed by Acts 2003,
78th Leg., ch. 816, Sec. 15.007(2).
(b), (c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec.
15.007(2).
(d) A person whose certificate of registration has been revoked
may not apply for a new certificate of registration before the
first anniversary of the date of the revocation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.007(2), eff.
Sept. 1, 2003.
SUBCHAPTER C. DUTIES OF TALENT AGENCIES
Sec. 2105.101. REGISTRATION STATEMENT; COPY, INSPECTION, AND
UPDATE. (a) A talent agency shall maintain a copy of the
registration statement filed under Section 2105.052 in the
agency's records.
(b) The talent agency shall permit an artist, on request, to
inspect the agency's registration statement if the artist uses or
proposes to use the services of the agency.
(c) A talent agency shall update the registration statement if a
material change occurs in the information contained in the
statement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.102. DISPLAY OF CERTIFICATE. A certificate holder
shall display the holder's certificate of registration in a
conspicuous place in the holder's principal office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.103. CONSUMER INFORMATION. A certificate holder shall
display, in the holder's principal office, a sign provided by the
department that contains:
(1) the department's name;
(2) the mailing address and telephone number of the department's
main office; and
(3) a statement informing consumers that a complaint against a
talent agency registered under this chapter may be directed to
the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.104. AGENCY RECORDS. A certificate holder shall
maintain records relating to the operation of the talent agency
as required by commission rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.005, eff. Sept.
1, 2003.
Sec. 2105.105. ARTIST FUNDS. (a) A certificate holder
receiving funds on behalf of an artist shall deposit those funds
in an account maintained in a financial institution covered by
federal deposit insurance.
(b) Funds deposited under this section may be disbursed only as
prescribed by commission rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 15.006, eff. Sept.
1, 2003.
Sec. 2105.106. MAINTENANCE OF BOND. (a) A certificate holder
shall maintain the bond required by Section 2105.052 until the
second anniversary of the date the certificate holder ceases to
operate as a talent agency in this state.
(b) The requirements of Section 2105.052(c) and this section do
not limit the recovery of damages to the amount of the surety
bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.107. NOTIFICATION OF LEGAL ACTION. If a legal action
relating to the operation of a talent agency is brought against
the agency or an owner, officer, or director of the agency, the
agency shall notify the department, in writing, not later than
the 10th day after the date the agency receives notice of the
action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. CONTRACTS WITH ARTISTS
Sec. 2105.151. GENERAL REQUIREMENTS. (a) A contract entered
into between a talent agency and an artist for the purchase of
services from the agency must:
(1) be in writing; and
(2) be signed by the artist.
(b) The contract constitutes the entire agreement between the
talent agency and the artist.
(c) A talent agency must deliver a fully completed copy of a
contract to an artist who purchases services from the agency
before the contract is signed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.152. CONTRACT CANCELLATION; REFUND. (a) An artist
who purchases services from a talent agency may cancel the
contract before the fourth business day after the date the
contract is signed by notifying the agency in writing of the
cancellation.
(b) Written notification is considered given if the notification
is mailed by certified mail to the principal office of the talent
agency not later than midnight of the third business day.
(c) If an artist cancels a contract as provided by this section,
the talent agency shall refund to the artist any money received
from the artist under the contract.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.153. VOID CONTRACT. A contract covered by Section
2105.151 is void if the contract:
(1) does not comply with this chapter; or
(2) is entered into in reliance on a fraudulent or misleading
representation, notice, or advertisement of the talent agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. PROHIBITED PRACTICES
Sec. 2105.201. ADVANCE FEES; SPLITTING FEES. (a) In this
section, "fee" includes:
(1) money or other valuable consideration paid or promised to be
paid for a service rendered by a person operating as a talent
agency;
(2) money received by a talent agency in excess of the amount
paid by the agency for transportation, transfer of baggage, or
board and lodging for an applicant for employment as an artist;
or
(3) the difference between the amount received by a talent
agency for furnishing an artist for an entertainment production,
exhibition, or performance and the amount the talent agency pays
to the artist.
(b) A talent agency may not:
(1) charge, as a condition of registering an applicant or
representing an artist, a registration or advance fee; or
(2) split or share fees with a person who is not registered
under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.202. REQUIREMENT TO USE CERTAIN SERVICES PROHIBITED.
A talent agency may not require an applicant or artist to
subscribe to or use a specific publication, video or audio tape,
postcard service, advertisement service, resume service,
photographer, or acting or modeling school or workshop.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. ENFORCEMENT
Sec. 2105.251. DECEPTIVE TRADE PRACTICE. (a) A violation of
this chapter is a false, misleading, or deceptive act or practice
within the meaning of Section 17.46, Business & Commerce
Code.
(b) A public or private right or remedy prescribed by Chapter
17, Business & Commerce Code, may be used to enforce this
section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2105.253. CRIMINAL OFFENSE. (a) A person commits an
offense if the person knowingly violates this chapter or a rule
adopted under this chapter.
(b) An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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