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80C329(3) JJT

CHAPTER 2001. DESTRUCTION OF DIE, MOLD, OR FORM

Revised Law

2001.001.

DEFINITIONS.

In this chapter:

"Molder" means an individual, firm, or corporation that:

makes a die, mold, or form; or

uses a die, mold, or form to make another product.

"Owner" means an individual, firm, or corporation that holds title to a die, mold, or form.

(Bus. & Com. Code,

Sec. 35.41(a).)

Source Law

DESTRUCTION OF DIE, MOLD, OR FORM.

In this Act:

"Owner" means an individual, firm, or corporation that holds title to a die, mold, or form.

"Molder" means an individual, firm, or corporation that makes a die, mold, or form, or that uses a die, mold, or form to make another product.

Revised Law

2001.002.

NOTICE OF INTENT TO DESTROY DIE, MOLD, OR FORM NOT OWNED BY MOLDER.

After the third anniversary of the date a die, mold, or form was last used or, if the die, mold, or form was never used, after the third anniversary of the date the die, mold, or form was made, a molder that is in possession of the die, mold, or form may send notice to the owner that the molder intends to destroy the die, mold, or form.

The notice must be sent by registered mail, return receipt requested, to the last known address of the owner.

(Bus. & Com. Code,

Sec. 35.41(b).)

Source Law

After the three-year period beginning on the day on which a die, mold, or form was last used or, if never used, on the day on which it was made, a molder in possession of the die, mold, or form may send notice to its owner of the molder's intent to destroy the die, mold, or form.

Notice must be sent by registered mail, return receipt requested, to the last known address of the owner.

Revised Law

2001.003.

DESTRUCTION OF DIE, MOLD, OR FORM NOT OWNED BY MOLDER.

A molder that sends a notice in accordance with

Section 2001.002 may destroy the die, mold, or form if, before the 121st day after the date the owner receives the notice, the owner does not:

take possession of the die, mold, or form; or

make arrangements with the molder for the removal or continued storage of the die, mold, or form.

(Bus. & Com. Code,

Sec. 35.41(c).)

Source Law

If, before the 121st day after the day that the notice sent in accordance with Subsection (

b) of this

section is received, the owner does not take possession of the die, mold, or form or make arrangements with the molder for its removal or continued storage, the molder may destroy the die, mold, or form.

Revised Law

2001.004.

TITLE EXTINGUISHED ON DESTRUCTION OF DIE, MOLD, OR FORM.

Title to a die, mold, or form destroyed in accordance with this

chapter is extinguished at the time of the destruction.

(Bus. & Com. Code,

Sec. 35.41(d).)

Source Law

On destruction of a die, mold, or form in accordance with this section, the owner's title to it ends.

Revised Law

2001.005.

LIMITATION ON LIABILITY OF MOLDER.

A molder may not be held criminally or civilly liable for destroying a die, mold, or form if the molder complies with Sections 2001.002 and 2001.003.

(Bus. & Com. Code,

Sec. 35.41(e).)

Source Law

If a molder satisfies the requirements of this section, the molder may not be held criminally or civilly liable for the destruction of the die, mold, or form.

Revised Law

2001.006.

DESTRUCTION OF DIE, MOLD, OR FORM OWNED BY MOLDER.

This

chapter does not prohibit a molder that is the owner of a die, mold, or form from destroying the die, mold, or form at any time.

(Bus. & Com. Code,

Sec. 35.41(f).)

Source Law

This

section does not prevent a molder that holds title to a die, mold or form from destroying it at any time.

80C329(3) JJT

80C329(3) JJT

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