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Senate Bill 776 |
Senate Author: Averitt |
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Effective: 9-1-09 |
House Sponsor: Orr |
Senate Bill 776 amends the Business & Commerce Code to prohibit a for-profit entity or individual from using a public donations receptacle to collect donated clothing or household goods for subsequent sale unless the entity or individual attaches a notice to the receptacle. The bill prohibits such an entity or individual who makes, or directs another person to make, a telephone, door-to-door, or mail solicitation requesting donations of clothing or household goods from subsequently selling the items unless the solicitor provides the appropriate disclaimer, as prescribed by the bill, to each person solicited before accepting a donation. The bill establishes that its provisions do not limit the authority of a local government to adopt an ordinance or regulation relating to the use of public donations receptacles as a collection point for donated clothing or household goods if the ordinance or regulation is compatible with and equal to or more stringent than a requirement prescribed by these provisions. The bill creates a civil penalty not to exceed $500 for each violation of the disclosure requirements, with each sale of a donated item considered a separate violation, with a limit of $2,000 on the total amount of the penalty for items sold during a single transaction. The bill requires a court to consider the amount necessary to deter future violations when determining the civil penalty imposed and authorizes the attorney general or the prosecuting attorney in the county in which the violation occurs to bring an action to recover the penalty.