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Current as of April 14, 2021 | Updated by FindLaw Staff
(a) In this section, unless the context requires a different definition, “container” also includes drink-dispensing fountain.
(b) Unless the owner of a reusable container bearing a proprietary mark (or one acting with the owner's written permission) agrees, no person may
(1) fill the container for sale or other commercial purpose;
(2) deface, cover up, or remove the proprietary mark from the container; or
(3) refuse to return the container to the owner if he requests its return.
(c) A person's wilful
(1) possession of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section;
(2) use, purchase, sale, or other disposition of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section; and
(3) breaking, damaging, or destroying a full or empty reusable container is prima facie evidence of his violating a provision of Subsection (b) of this section.
(d) In an action in which the ownership of a reusable container is in issue, a person's proprietary mark on the container is prima facie evidence that the person or his licensee owns the container.
(e) A person who violates a provision of Subsection (b) of this section is guilty of a misdemeanor and upon conviction is punishable by
(1) a fine of not less than $25 nor more than $50 for each violation concerning a drink-dispensing fountain; or
(2) a fine of not less than $5 nor more than $10 for each violation concerning any other container.
Cite this article: FindLaw.com - Texas Business and Commerce Code - BUS & COM § 17.29. Misusing Container; Evidence of Misuse and Container's Ownership - last updated April 14, 2021 | https://codes.findlaw.com/tx/business-and-commerce-code/bus-com-sect-17-29/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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