(a) The department by rule may exempt an activity from all or part of the requirements
of this chapter, other than a requirement under Section 1951.212, if the department determines that the activity presents only a minimal risk of harm
to the health, safety, and welfare of the public, the person performing the activity,
pets and other domesticated animals, and the environment.
(b) A business that performs an activity exempted from regulation under this section
and that is not otherwise required to hold a license issued under this chapter shall
provide to each customer a written notice, as prescribed by department rule, that:
(1) informs the customer of the customer's rights under the Deceptive Trade Practices-Consumer
Protection Act (Subchapter E, Chapter 17, Business & Commerce Code); 1
(2) provides contact information for the consumer protection division of the office
of the attorney general; and
(3) contains other information required by the department.
(c) Failure to provide the notice required by Subsection (b) is a violation of this
chapter. The department may impose an administrative penalty or take any other enforcement
action provided by this chapter or the Agriculture Code to deter, restrain, or punish
a person who violates this section. An enforcement action by the department under this section is in addition to remedies
and penalties provided by the Deceptive Trade Practices-Consumer Protection Act (Subchapter
E, Chapter 17, Business & Commerce Code).
V.T.C.A., Business and Commerce Code § 17.41 et seq.
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