In this Act:

(1) "Artist" means:

(A) an actor who performs in a motion picture, theatrical, radio, television, or other entertainment production;

(B) a musician or musical director;

(C) a director of a motion picture, theatrical, radio, television, or other entertainment production;

(D) a writer;

(E) a cinematographer;

(F) a composer, lyricist, or arranger of musical compositions;

(G) a model; or

(H) any other individual who renders analogous professional services in a motion picture, theatrical, radio, television, or other entertainment production.

(2) "Commissioner" means the commissioner of the Texas Department of Licensing and Regulation.

(3) "Department" means the Texas Department of Licensing and Regulation.

(6) "Model" means an individual who renders professional services as a fashion model, as a model for commercial photography or demonstration of products for advertising purposes, or as a host for a convention or other special event.

(7) "Person" means an individual, corporation, organization, business trust, estate, trust, partnership, association, or any other private legal entity.

(8) "Talent Agency" means a person that engages in the business of obtaining or attempting to obtain employment for artists. The term includes an entity thatcounsels or directs an artist in the development of the artist's professional career.

(a) A person may not operate a talent agency in this state without a certificate of registration issued by the department under this Act for each location at which the person operates a talent agency.

(b) A talent agency may not charge, as a condition of registering any applicant or representing any artist, a registration or advance fee and may not require the applicant or artist to subscribe to, use, or use the services of any specific publication, video or audio tapes, post card service, advertisement service, resume service, photographer, or acting or modeling school or workshop.

(c) A talent agency may not split or share fees with a person who is not registered under this Act.

(d) In this section, "fee" includes:

(1) any money or other valuable consideration paid or promised to be paid for services rendered by a person operating as a talent agency;

(2) any 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 any application for employment as an artist; or

(3) the difference between the amount received by a talent agency that furnishes an artist for an entertainment production, exhibition, or performance and the amount paid by the talent agency to the artist.

(a) The department shall:

(1) prescribe application forms for original and renewal certificates of registration;

(2) set application and registration fees in amounts that are reasonable and necessary to cover the costs of the administration of this Act; and

(3) adopt rules as necessary to implement this Act.

(b) The department may take other action as necessary to enforce this Act.

(a) A person must file a registration statement with the department before operating as a talent agency in this state. The registration statement must contain:

(1) the name and address of the talent agency;

(2) the address of each location at which the applicant for registration proposes to operate a talent agency;

(3) the name and address of any 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; 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 that was completed within three years before the date on which the statement is filed or is pending as of the date of filing.

(b) The talent agency shall update the statement whenever a material change occurs in the information on file. The talent agency shall notify the department if a legal action relating to the operation of the agency is brought against the agency or an owner, officer, or director. The agency shall notify the department in writing not later than the 10th day after the date on which the defendant agency receives notice of the action.

(c) Each talent agency shall maintain a copy of the registration statement in the records of the talent agency. The talent agency shall allow an artist who uses the services of the agency or proposes to use the services of the agency to inspect the registration statement on request.

(a) Each application for registration as a talent agency must be accompanied by a surety bond in the amount of $10,000, payable to the state and conditioned on faithful compliance with this Act. The registrant shall maintain the bond until the expiration of two years after the date on which the registrant ceases to operate as a talent agency in this state.

(b) This section does not limit the recovery of damages to the amount of the surety bond.

(a) The department may charge each talent agency a reasonable fee not to exceed $100 to cover the cost of filing a registration statement or update of a registration statement.

(b) The department may adopt rules as necessary to administer the registration program created under this Act.

The department shall issue a certificate of registration to a talent agency that files a complete registration certificate, posts the required bond, and pays the required fee.

(a) A certificate of registration issued under this Act is valid for one year after the date of issuance. A registrant may renew a certificate of registration before the expiration date of the certificate by paying the renewal fee and complying with other renewal requirements as prescribed by department rule. The department shall issue a renewal certificate to the registrant at the time of the renewal.

(b) The department shall notify each registrant in writing of the pending expiration not later than the 30th day before the date on which the certificate of registration expires.

(a) Each talent agency registered under this Act shall display the certificate of registration in a conspicuous place in the agency's principal office.

(b) Each talent agency registered under this Act shall display in the agency's principal office a sign provided by the department that contains:

(1) the name of the department;

(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 Act may be directed to the department.

(a) Each registrant shall maintain records relating to the operation of the talent agency as prescribed by department rule.

(b) A registrant who receives any funds on behalf of an artist shall deposit those funds in an account maintained in a financial institution covered by federal deposit insurance. The funds may be disbursed only as prescribed by department rule.

(a) The Department may deny, suspend, revoke or reinstate a certificate of registration.

(b) The Department shall adopt rules establishing the grounds for denial, suspension, revocation or reinstatement of a certificate of registration and establishing procedures for disciplinary actions.

(c) Proceedings relating to the suspension or revocation of a certificate of registration issued under this Act are subject to the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).

(d) A person whose certificate of registration has been revoked may apply for a new certificate of registration after the expiration of one year after the date of the revocation.

(a) 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. The contract constitutes the entire agreement between the agency and the artist. The contract must be in writing and must be signed by the artist.

(b) An artist who purchases services from a talent agency may cancel a contract before the fourth business day after the date on which the contract is signed by notifying the talent agency in writing of the cancellation. 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. The talent agency shall refund any money received from that artist under the contract to an artist exercising the right to cancel.

(a) A contract that does not comply with this Act or entered into in reliance on a fraudulent or misleading representation, notice, or advertisement of the talent agency is void and unenforceable as contrary to public policy.

(b) A violation of this Act is a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code. Any public or private right or remedy prescribed by Chapter 17 of that code may be used to enforce this subsection.

(a) If it appears that a person is violating or is threatening to violate this Act or a rule or order of the commissioner related to this Act, the commissioner may institute an action for injunctive relief to restrain the person from engaging in or continuing the violation.

(b) An action brought under this section must be filed in district court in Travis County.

(c) The commissioner may recover reasonable expenses incurred in obtaining injunctive relief under this section, including court costs, reasonable attorney's fees, witness fees, and deposition expenses.

(a) A person commits an offense if the person knowingly or intentionally violates a provision of this Act or a rule adopted under this Act.

(b) An offense under this section is a Class A misdemeanor.

(a) This Act takes effect September 1, 1989.

(b) A talent agency is not required to register under this Act before January 1, 1990.