assert a statutory claim in place of the actual statutory beneficiary under the Texas Construction Trust Fund Act. The Texas Construction Trust Fund Act “subjects litigants to civil liability if (1) they breach the duty imposed by the Act, and (2) the requisite plaintiffs are within the class of people the Act was designed to protect and have asserted the type of injury the Act was intended to prohibit.” Lively v. Carpet Services, Inc., 904 S.W.2d 868, 873 (Tex.App.Hous. [1 Dist.] 1995, writ denied). Where a Texas statute requires a plaintiff to have particular characteristics to obtain the benefit of a protected status, an assignment of the protected status is ineffective. See e.g. PPG Industries, Inc. v. JMB/Houston Centers Partners Ltd. Partnership, 146 S.W.3d 79 (Tex.2004) (<HOLDING>) In Dewayne Rogers Logging, Inc. v. Propac
holding that both punitive and treble damages were recoverable under the texas deceptive trade practices act because each of the plaintiffs claims resulted from a distinct act however because the plaintiff suffered only one compensable injury she could only be awarded one recovery for actual compensatory damages holding consumer claims under the texas deceptive trade practices act nonassignable holding that statutory damages were appropriate for each discrete violation of that states deceptive trade practices act holding that the airline deregulation act preempts claims under the illinois consumer fraud and deceptive business practices act but does not preempt state breach of contract actions holding unfair trade practices and consumer protection law applicable to residential leases