Deceptive Business Practices
Chapter 32 of the Texas Penal Code defines offenses relating to fraud.
“Deceptive Business Practices”, as per § 32.42 of the Texas Penal Code, occurs when a person, in the course of business, intentionally, knowingly, recklessly, or with criminal negligence commits one or more of the following deceptive business practices:
using, selling, or possessing for use or sale a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
selling less than the represented quantity of a property or service;
taking more than the represented quantity of property or service when as a buyer the actor furnishes the weight or measure;
selling an adulterated or mislabeled commodity;
passing off property or service as that of another;
representing that a commodity is original or new if it is deteriorated, altered, rebuilt, reconditioned, reclaimed, used, or secondhand;
representing that a commodity or service is of a particular style, grade, or model if it is of another;
advertising property or service with intent:
A. not to sell it as advertised, or
B. not to supply reasonably expectable public demand, unless the advertising adequately discloses a time or quantity limit;
representing the price of property or service falsely or in a way tending to mislead;
making a materially false or misleading statement of fact concerning the reason for, existence of, or amount of a price or price reduction;
conducting a deceptive sales contest; or
making a materially false or misleading statement:
A. in an advertisement for the purchase or sale of property or service; or
B. otherwise in connection with the purchase or sale of property or service.
An offense under Subsections 1-6 is:
a Class C misdemeanor if the actor commits an offense with criminal negligence and if he has not previously been convicted of a deceptive business practice; or
Class A misdemeanor if the actor commits an offense intentionally, knowingly, recklessly or if he has been previously convicted of a Class B or C misdemeanor under this section.
An offense under Subsections 7-12 is a Class A misdemeanor.
Severity of Crime
Fine not to exceed $500
Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
Both such fine and confinement