By: Clemons H.B. No. 364 73R2022 LJD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of telephone solicitation; providing 1-3 civil and criminal penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle 3, Title 79, Revised Statutes (Article 1-6 5069-9.01 et seq., Vernon's Texas Civil Statutes), is amended by 1-7 adding Chapter 18 to read as follows: 1-8 CHAPTER EIGHTEEN 1-9 SUBCHAPTER A. GENERAL PROVISIONS 1-10 Art. 1. DEFINITIONS. In this chapter: 1-11 (1) "Item" means property or a good or service and 1-12 includes: 1-13 (A) a coupon book that is to be used with a 1-14 business or company; and 1-15 (B) an interest in real property. 1-16 (2) "Owner" means a person who owns, controls, or 1-17 otherwise has claim to 10 percent or more of the net income of a 1-18 seller. 1-19 (3) "Person" includes an individual, sole 1-20 proprietorship, firm, association, corporation, partnership, joint 1-21 venture, or any other business entity. 1-22 (4) "Principal" means an owner, an executive officer 1-23 of a corporation, a general partner of a partnership, a sole 1-24 proprietor, a trustee of a trust, or another individual with 2-1 similar supervisory functions with respect to any person. 2-2 (5) "Purchaser" means a person who is solicited to 2-3 become or becomes obligated for the purchase or rent of an item. 2-4 (6) "Registration statement" means a registration 2-5 statement required under this chapter. 2-6 (7) "Salesperson" means a person employed or 2-7 authorized by a seller to cause, or to attempt to cause, a 2-8 telephone solicitation. 2-9 (8) "Seller" means a person who, on the person's own 2-10 behalf, causes or attempts to cause a telephone solicitation. 2-11 (9) "Supervised financial institution" means a bank, 2-12 trust company, savings and loan association, credit union, 2-13 industrial loan company, personal property broker, consumer finance 2-14 lender, commercial finance lender, insurer, or other financial 2-15 institution that is subject to supervision by an official or agency 2-16 of this state or the United States. 2-17 (10) "Telephone solicitation" means a telephone call 2-18 to or from a person, initiated by a seller, salesperson, automatic 2-19 dialing machine, or recorded message device for the purpose of 2-20 inducing the person to purchase or rent an item and includes a call 2-21 made after a purchaser has responded to a solicitation sent by mail 2-22 or any other means. 2-23 Art. 2. EXEMPTIONS. (a) This chapter does not apply to: 2-24 (1) a person offering or selling a security that has 2-25 been qualified for sale under Section 7, The Securities Act 2-26 (Article 581-7, Vernon's Texas Civil Statutes), or that is subject 2-27 to an exemption under Section 5 or 6 of that Act; 3-1 (2) a publicly traded corporation registered with the 3-2 Securities and Exchange Commission or the State Securities Board, 3-3 or a subsidiary of the corporation; 3-4 (3) a person licensed under Article 21.01, Insurance 3-5 Code, if the solicited transaction is governed by the Insurance 3-6 Code; 3-7 (4) a person soliciting the sale of daily or weekly 3-8 newspapers, or magazines or other periodicals, of general 3-9 circulation; 3-10 (5) a supervised financial institution or parent, 3-11 subsidiary, or affiliate of a supervised financial institution; 3-12 (6) a person or affiliate of a person whose business 3-13 is regulated by the Public Utility Commission of Texas; 3-14 (7) a person soliciting exclusively the sale of 3-15 telephone answering services to be provided by that person or that 3-16 person's employer; 3-17 (8) the solicitation of sales by a person, or by an 3-18 agent of the person, who does not intend to complete, and does not 3-19 complete, the sales transaction by telephone; 3-20 (9) a person soliciting from a former or current 3-21 client if the proposed transaction is similar or related to prior 3-22 transactions with that client; 3-23 (10) a charitable trust recognized by the Internal 3-24 Revenue Service as exempt from filing an annual return (IRS Form 3-25 990 or its successor) as a church, an integrated auxiliary, 3-26 convention, or association of churches, or because of exclusively 3-27 religious activities, that is exempt under Sections 4-1 6033(a)(2)(A)(i) and (iii), and 6033(a)(2)(B), Internal Revenue 4-2 Code of 1986, and the regulations, revenue procedures, and revenue 4-3 rulings adopted under those sections; 4-4 (11) a charitable trust, other than an entity 4-5 classified as a private foundation under Section 507(a), Internal 4-6 Revenue Code of 1986, that: 4-7 (A) was exempted from federal taxation before 4-8 September 1, 1987; and 4-9 (B) is exempted from filing a federal tax return 4-10 under Sections 6033(a)(2)(A)(ii) and (a)(2)(B), Internal Revenue 4-11 Code of 1986, and the regulations, revenue procedures, and revenue 4-12 rulings adopted under those sections, because it has gross receipts 4-13 in each taxable year of less than $25,000 or other minimum 4-14 determined by the Internal Revenue Service; 4-15 (12) a charitable trust that is an academic 4-16 institution for higher education with a certificate of authority to 4-17 grant a degree issued by the Texas Higher Education Coordinating 4-18 Board or accredited by a regional accrediting organization 4-19 recognized by that board; 4-20 (13) a person making telephone calls for religious, 4-21 charitable, political, or other noncommercial purposes; 4-22 (14) a person engaging in an isolated telephone 4-23 solicitation that does not occur in the course of a pattern of 4-24 repeated transactions of a similar nature; 4-25 (15) a sale in which the purchaser is a business that 4-26 intends to: 4-27 (A) resell the item purchased; or 5-1 (B) use the item purchased in a recycling, 5-2 reuse, remanufacturing, or manufacturing process; 5-3 (16) a person soliciting the sale of food intended for 5-4 immediate delivery to and immediate consumption by the purchaser; 5-5 (17) the solicitation of sales by a person who 5-6 periodically publishes and delivers to purchasers a catalog that: 5-7 (A) contains a written description or 5-8 illustration of each item offered for sale; 5-9 (B) includes the business address of the seller; 5-10 (C) includes at least 100 pages of written 5-11 material and illustrations, or is one of a series of catalogs that 5-12 contain a cumulative total of 100 pages in a calendar year; 5-13 (D) is distributed in more than one state; and 5-14 (E) is distributed by mail with an annual 5-15 circulation of not less than 250,000; 5-16 (18) a person soliciting the sale of services provided 5-17 by a cable television system operating under authority of a 5-18 franchise or permit; 5-19 (19) the solicitation of contracts for the maintenance 5-20 or repair of items previously purchased from the person making the 5-21 solicitation or on whose behalf the solicitation is made; 5-22 (20) a person soliciting: 5-23 (A) without intent to complete or obtain 5-24 provisional acceptance of a sale during the telephone solicitation; 5-25 and 5-26 (B) who does not make the major sales 5-27 presentation during the telephone solicitation but arranges for the 6-1 major sales presentation to be made at a later face-to-face meeting 6-2 between the salesperson and the purchaser; 6-3 (21) a person regulated by the United States 6-4 Department of Transportation as an air carrier; or 6-5 (22) a person subject to the control or licensing 6-6 regulations of the Federal Communications Commission. 6-7 (b) In a civil proceeding alleging a violation of this 6-8 chapter, the burden of proving an exemption is on the person 6-9 claiming the exemption, and in a criminal proceeding alleging a 6-10 violation of this chapter, the burden of producing evidence to 6-11 support a defense based on an exemption is on the person claiming 6-12 the exemption. 6-13 Art. 3. CONSTRUCTION AND APPLICATION. This chapter shall be 6-14 liberally construed and applied to promote its underlying purpose 6-15 to protect persons against false, misleading, or deceptive 6-16 practices in the telephone solicitation business. 6-17 SUBCHAPTER B. REGISTRATION OF TELEPHONE SELLERS 6-18 Art. 4. REGISTRATION REQUIRED. (a) A seller may not engage 6-19 in telephone solicitation from a location in this state or to a 6-20 purchaser located in this state without a certificate of 6-21 registration for the business location from which the solicitation 6-22 is made. 6-23 (b) A separate certificate is required for each business 6-24 location from which a solicitation is made. 6-25 Art. 5. CONTENTS OF REGISTRATION STATEMENT; VERIFICATION; 6-26 PUBLIC INFORMATION. (a) To obtain a certificate of registration, 6-27 a seller must file a registration statement with the secretary of 7-1 state. 7-2 (b) A registration statement must be in the form prescribed 7-3 by the secretary of state and contain the information required by 7-4 Subchapter C of this chapter. 7-5 (c) A registration statement must be verified by each 7-6 principal of the seller and must specify the date and location of 7-7 verification. 7-8 (d) All information included in or attached to a 7-9 registration statement is public information. 7-10 Art. 6. FILING FEE. The filing fee for a registration 7-11 statement is $50. 7-12 Art. 7. ISSUANCE OF CERTIFICATE OF REGISTRATION. (a) On 7-13 receipt of a completed registration statement, the filing fee 7-14 required by Article 6 of this chapter, the security required by 7-15 Article 10 of this chapter, and the consent regarding service of 7-16 process required by Article 11 of this chapter, the secretary of 7-17 state shall issue a certificate of registration and mail the 7-18 certificate to the seller. 7-19 (b) If the seller uses one registration statement to 7-20 register more than one business location, the secretary of state 7-21 shall issue a certificate for each business location and mail all 7-22 the certificates to the principal business location shown on the 7-23 registration statement. 7-24 Art. 8. EFFECTIVE DATE; RENEWAL. The effective date of a 7-25 registration statement is the date on which the secretary of state 7-26 issues the certificate. A registration statement is effective for 7-27 one year after its effective date and may be renewed annually by 8-1 filing a renewal registration statement with the information 8-2 required by Subchapter C of this chapter and paying the filing fee. 8-3 Art. 9. UPDATE ADDENDUM REQUIRED. (a) A seller shall file 8-4 with the secretary of state an update addendum at quarterly 8-5 intervals, computed from the effective date of registration, 8-6 providing all required registration information for all 8-7 salespersons who are currently soliciting or have solicited on 8-8 behalf of the seller at any time during the period between the 8-9 filing of the registration statement or the last addendum and the 8-10 current addendum. 8-11 (b) In addition to the quarterly updates, if a material 8-12 change in information submitted in a registration statement, other 8-13 than the information described by Subsection (a) of this article, 8-14 occurs before the date for renewal, a seller shall submit that 8-15 information to the secretary of state by filing an update addendum. 8-16 Art. 10. SECURITY. (a) A registration statement filed 8-17 under this chapter must be accompanied by: 8-18 (1) a bond executed by a corporate surety approved by 8-19 the secretary of state and licensed to do business in this state; 8-20 (2) an irrevocable letter of credit issued for the 8-21 benefit of the registrant by a supervised financial institution 8-22 whose deposits are insured by an agency of the federal government; 8-23 or 8-24 (3) a certificate of deposit in a supervised financial 8-25 institution whose deposits are insured by an agency of the federal 8-26 government, the principal of which may be withdrawn only on the 8-27 order of the secretary of state. 9-1 (b) The amount of the bond, letter of credit, or certificate 9-2 of deposit must be $10,000, and the bond, letter of credit, or 9-3 certificate of deposit must be conditioned on compliance by the 9-4 seller with this chapter. 9-5 Art. 11. SECRETARY OF STATE AS SELLER'S AGENT TO RECEIVE 9-6 SERVICE. (a) A seller shall file with the secretary of state, in 9-7 the form prescribed by the secretary of state, an irrevocable 9-8 consent appointing the secretary of state to act as the seller's 9-9 agent to receive service of any lawful process in any noncriminal 9-10 suit, action, or proceeding against the seller or the seller's 9-11 successor, executor, or administrator that may arise under this 9-12 chapter, when: 9-13 (1) an agent has not been designated under Subdivision 9-14 15, Article 12, of this chapter; 9-15 (2) the agent has resigned or died and a replacement 9-16 has not been designated under Article 9 of this chapter; or 9-17 (3) the agent cannot with reasonable diligence be 9-18 found at the designated address. 9-19 (b) Service on the secretary of state under this article has 9-20 the same force and validity as service on the seller. Service on 9-21 the secretary of state may be made by: 9-22 (1) leaving a copy of the process in the office of the 9-23 secretary of state; 9-24 (2) promptly sending by first-class mail a notice of 9-25 the service and a copy of the process to the seller's principal 9-26 business location at the last address on file with the secretary of 9-27 state; and 10-1 (3) filing the plaintiff's affidavit of compliance 10-2 with this article in the case on or before the return date of the 10-3 process, if any, or within an additional period that the court 10-4 allows. 10-5 SUBCHAPTER C. CONTENTS OF REGISTRATION STATEMENT 10-6 Art. 12. DISCLOSURE OF CERTAIN NAMES, ADDRESSES, AND 10-7 ORGANIZATIONAL INFORMATION. A registration statement must contain 10-8 the following information: 10-9 (1) the seller's name and the name under which the 10-10 seller is doing or intends to do business, if different from the 10-11 seller's name; 10-12 (2) the name of each parent and affiliated 10-13 organization of the seller that: 10-14 (A) will engage in business transactions with 10-15 purchasers relating to sales solicited by the seller; or 10-16 (B) accepts responsibility for statements made 10-17 by, or acts of, the seller relating to sales solicited by the 10-18 seller; 10-19 (3) the seller's business form and place of 10-20 organization; 10-21 (4) if the seller is a corporation, a copy of its 10-22 articles of incorporation and bylaws; 10-23 (5) if the seller is a partnership, a copy of the 10-24 partnership agreement; 10-25 (6) if the seller is operating under an assumed 10-26 business name, the location where the assumed name has been 10-27 registered; 11-1 (7) for any parent or affiliated organization 11-2 disclosed under Subdivision (2) of this article, the applicable 11-3 information that is required of a seller under Subdivisions (3)-(6) 11-4 of this article; 11-5 (8) the complete street address of each location of 11-6 the seller, designating the principal location from which the 11-7 seller will be conducting business; 11-8 (9) if the principal business location of the seller 11-9 is not in this state, a designation of its main location in the 11-10 state; 11-11 (10) a listing of each telephone number to be used by 11-12 the seller and the address where each telephone using the number is 11-13 located; 11-14 (11) the name and title of each of the seller's 11-15 officers, directors, trustees, general and limited partners, sole 11-16 proprietor, and owners, as applicable, and the name of each of 11-17 those persons who have management responsibilities in connection 11-18 with the seller's business activities; 11-19 (12) the complete address of the principal residence, 11-20 the date of birth, and the number and state of issuance of the 11-21 driver's license of each person whose name is disclosed under 11-22 Subdivision (11) of this article; 11-23 (13) the name and principal residence address of each 11-24 person the seller leaves in charge at each location from which the 11-25 seller does business in this state and the business location at 11-26 which each of these persons is or will be in charge; 11-27 (14) the name and principal residence address of each 12-1 salesperson who solicits on behalf of the seller and the name the 12-2 salesperson uses while soliciting; 12-3 (15) the name and address of the seller's agent in 12-4 this state, other than the secretary of state, authorized to 12-5 receive service of process; and 12-6 (16) the name and address of each financial 12-7 institution with which banking or similar monetary transactions are 12-8 made by the seller and the identification number of each of the 12-9 seller's accounts in each institution. 12-10 Art. 13. DISCLOSURE OF CERTAIN CONVICTIONS, JUDGMENTS, 12-11 ORDERS, AND BANKRUPTCIES. (a) With respect to the seller and each 12-12 person identified under Subdivision (11) or (13), Article 12, of 12-13 this chapter, a registration statement must state the identity of 12-14 each person: 12-15 (1) who has been convicted of or pleaded nolo 12-16 contendere to a felony or misdemeanor involving an alleged 12-17 violation of this chapter, or fraud, theft, embezzlement, 12-18 fraudulent conversion, or misappropriation of property; 12-19 (2) against whom has been entered a final judgment or 12-20 order in a civil or administrative action, including a stipulated 12-21 judgment or order, in which the complaint or petition alleged acts 12-22 constituting a violation of this chapter, fraud, theft, 12-23 embezzlement, fraudulent conversion, or misappropriation of 12-24 property, the use of untrue or misleading representations in an 12-25 attempt to sell or dispose of real or personal property, or the use 12-26 of unfair, unlawful, or deceptive business practices; 12-27 (3) who is subject to an injunction or restrictive 13-1 court order relating to business activity as the result of an 13-2 action brought by a federal, state, or local public agency, 13-3 including an action affecting any vocational license; or 13-4 (4) who has, during the previous seven tax years, 13-5 filed in bankruptcy, been adjudged a bankrupt, been reorganized due 13-6 to insolvency, or has been a principal, director, officer, trustee, 13-7 general or limited partner, or had management responsibilities of a 13-8 corporation, partnership, joint venture, or other business entity 13-9 that has filed in bankruptcy, been adjudged a bankrupt, or been 13-10 reorganized due to insolvency while the person held that position 13-11 or within one year after the date on which the person last held 13-12 that position. 13-13 (b) Under Subsections (a)(1), (2), and (3) of this article, 13-14 the statement must identify the court or administrative agency 13-15 rendering the conviction, judgment, or order, the docket number of 13-16 the matter, the date of conviction, judgment, or order, and the 13-17 name of the governmental agency, if any, that brought the action 13-18 resulting in the conviction, judgment, or order. Under Subsection 13-19 (a)(4) of this article, the statement must include the name and 13-20 location of the person filing in bankruptcy, adjudged a bankrupt, 13-21 or reorganized due to insolvency, and must include the date of the 13-22 filing, judgment, or reorganization order, the court having 13-23 jurisdiction, and the docket number of the matter. 13-24 Art. 14. DISCLOSURE OF CERTAIN SALES INFORMATION. The 13-25 registration statement must be accompanied by the following 13-26 information: 13-27 (1) a description of the items the seller is offering 14-1 for sale and a copy of all sales scripts the seller requires 14-2 salespersons to use, recommends that salespersons use, or provides 14-3 to salespersons to use when soliciting purchasers, or if no sales 14-4 script is required, recommended, or provided, a statement of that 14-5 fact; 14-6 (2) a copy of all sales information and literature, 14-7 including scripts, outlines, instructions, and information 14-8 regarding the conduct of telephone solicitations, sample 14-9 introductions, sample closings, product information, and contest or 14-10 premium-award information, provided by the seller to salespersons 14-11 or about which the seller informs salespersons, and a copy of all 14-12 written material the seller sends to any purchaser; 14-13 (3) if the seller represents or implies, or directs 14-14 salespersons to represent or imply, to purchasers that the 14-15 purchaser will receive a specific item, including a certificate 14-16 that the purchaser must redeem to obtain the item described in the 14-17 certificate, or one or more items from among designated items, 14-18 whether the items are denominated as gifts, premiums, bonuses, 14-19 prizes, or otherwise: 14-20 (A) a list of the items described; 14-21 (B) the value of each item and the basis for the 14-22 valuation; 14-23 (C) the price paid by the seller to its supplier 14-24 for each item and the name, address, and telephone number of each 14-25 item's supplier; 14-26 (D) if the purchaser is to receive fewer than 14-27 all of the items described by the seller: 15-1 (i) the manner in which the seller 15-2 decides which item a particular purchaser is to receive; 15-3 (ii) for each item, the odds of a single 15-4 purchaser's receiving the item; and 15-5 (iii) the name and address of each 15-6 recipient who has received, during the preceding 12 months, or if 15-7 the seller has not been in business that long, during the period 15-8 the seller has been in business, the item having the greatest value 15-9 and the item with the smallest odds of being received; and 15-10 (E) all rules, regulations, terms, and 15-11 conditions a purchaser must meet in order to receive the item; 15-12 (4) if the seller is offering an item that the seller 15-13 neither manufactures nor supplies: 15-14 (A) the name, address, and telephone number of 15-15 each of the seller's suppliers and a description of each item 15-16 provided by the supplier; 15-17 (B) if the possession of the item is to be 15-18 retained by the seller or will not be transferred to the purchaser 15-19 until the purchaser has paid in full: 15-20 (i) the address of each location where the 15-21 item will be kept; 15-22 (ii) if not kept on premises owned by the 15-23 seller or at an address registered under Subdivision (8) or (9), 15-24 Article 12, of this chapter, the name of the owner of the business 15-25 at which the item will be kept; and 15-26 (iii) a copy of any contract or other 15-27 document that evidences the seller's right to store the item at the 16-1 address designated under Subparagraph (ii) of this subdivision; 16-2 (C) if the seller is not selling the item from 16-3 its own inventory but purchases the item to fill an order already 16-4 taken from a purchaser, copies of all contracts or other documents 16-5 evidencing the seller's ability to call on suppliers to fill the 16-6 seller's orders; 16-7 (D) if the seller represents to purchasers that 16-8 the seller has insurance or a surety bond of any type relating to a 16-9 purchaser's purchase of any item, a complete copy of each insurance 16-10 policy and bond; and 16-11 (E) if the seller makes any representation as to 16-12 the postpurchase earning or profit potential of an item, data to 16-13 substantiate the claims made, and if the representation relates to 16-14 previous sales made by the seller or a related entity, 16-15 substantiating data based on the experiences of at least 50 percent 16-16 of the persons who purchased that particular type of item from the 16-17 seller or related entity during the preceding six months, or if the 16-18 seller or related entity has not been in business that long, during 16-19 the period the seller or related entity has been in business, 16-20 including: 16-21 (i) the length of time the seller or 16-22 related entity has been selling the particular type of item being 16-23 offered; 16-24 (ii) the number of purchasers of the item 16-25 from the seller or related entity known to the seller or related 16-26 entity to have made at least the same earnings or profit as those 16-27 represented; and 17-1 (iii) the percentage that the number 17-2 disclosed under Subparagraph (ii) of this subdivision represents of 17-3 the total number of purchasers from the seller or related entity of 17-4 the particular type of item offered; and 17-5 (5) if the seller is offering to sell an interest in 17-6 oil, gas, or a mineral field, well, or exploration site: 17-7 (A) the seller's ownership interest, if any, in 17-8 each field, well, or site being offered for sale; 17-9 (B) the total number of interests to be sold in 17-10 each field, well, or site being offered for sale; and 17-11 (C) if, in selling an interest in any particular 17-12 field, well, or site, reference is made to an investigation of the 17-13 field, well, or site by the seller or anyone else: 17-14 (i) the name, business address, telephone 17-15 number, and professional credentials of the person who made the 17-16 investigation; and 17-17 (ii) a copy of the report and other 17-18 documents relating to the investigation prepared by the person. 17-19 SUBCHAPTER D. ADDITIONAL INFORMATION FROM SELLER 17-20 Art. 15. INFORMATION POSTED OR AVAILABLE AT SELLER'S 17-21 BUSINESS LOCATION. (a) A seller shall post the certificate of 17-22 registration in a conspicuous place at the location for which it is 17-23 issued. 17-24 (b) A seller shall make available at each of the seller's 17-25 business locations a copy of the entire registration statement and 17-26 update addenda, if any, for inspection by any purchaser or 17-27 representative of any governmental agency. 18-1 (c) A seller shall post in close proximity to the 18-2 certificate of registration the name of each individual in charge 18-3 of the location. 18-4 Art. 16. DISCLOSURES TO PROSPECTIVE PURCHASERS. A seller 18-5 shall, when the solicitation is made and before consummation of any 18-6 sales transaction, provide to each purchaser: 18-7 (1) the complete street address of the location from 18-8 which the salesperson is calling the purchaser and, if different, 18-9 the complete street address of the seller's principal location; 18-10 (2) if the seller represents or implies that a 18-11 purchaser will receive without charge a specified item or one item 18-12 from among designated items, whether the items are denominated as 18-13 gifts, premiums, bonuses, prizes, or otherwise: 18-14 (A) the information required to be filed by 18-15 Subdivisions (3)(D)(i) and (ii) and (3)(E), Article 14, of this 18-16 chapter, as appropriate; and 18-17 (B) the total number of individuals who have 18-18 actually received from the seller during the preceding 12 months, 18-19 or if the seller has not been in the business that long, during the 18-20 period the seller has been in business, the item having the 18-21 greatest value and the item with the smallest odds of being 18-22 received; 18-23 (3) if the seller is offering to sell an interest in 18-24 oil, gas, or mineral field, well, or exploration site, the 18-25 information required by Subdivision (5), Article 14, of this 18-26 chapter; and 18-27 (4) if the seller represents that an item is being 19-1 offered at a price below that usually charged for the item, the 19-2 name of the manufacturer of the item. 19-3 Art. 17. NO REFERENCE TO COMPLIANCE WITH STATUTE. A seller 19-4 may not make or authorize the making of a reference to its 19-5 compliance with this chapter to a purchaser. 19-6 SUBCHAPTER E. OFFENSES 19-7 Art. 18. VIOLATION OF CHAPTER. (a) A person commits an 19-8 offense if the person knowingly or intentionally violates Article 19-9 4, 9, 15, 16, or 17 of this chapter. 19-10 (b) An offense under this article is a Class A misdemeanor. 19-11 Art. 19. SALESPERSON FOR UNREGISTERED SELLER. (a) A person 19-12 commits an offense if the person knowingly or intentionally acts as 19-13 a salesperson on behalf of a seller who violates the registration 19-14 requirements of this chapter. 19-15 (b) An offense under this article is a Class A misdemeanor. 19-16 SUBCHAPTER F. ENFORCEMENT 19-17 Art. 20. INJUNCTION. The attorney general may sue in a 19-18 court of competent jurisdiction to enjoin a person from violating 19-19 this chapter. The attorney general shall notify the defendant of 19-20 the alleged prohibited conduct not later than the seventh day 19-21 before the date the suit is filed, unless the attorney general 19-22 intends to request that the court issue a temporary restraining 19-23 order, in which event notice is not required. 19-24 Art. 21. CIVIL PENALTIES. A person who violates an 19-25 injunction issued under Article 20 of this chapter is liable to the 19-26 state for a civil penalty of not more than $25,000 for a single 19-27 violation and not more than $50,000 for all violations of the 20-1 injunction. The attorney general may bring suit to recover the 20-2 civil penalty in the court that issued the original injunction. 20-3 Art. 22. DECEPTIVE TRADE PRACTICES. A violation of this 20-4 chapter is a false, misleading, or deceptive act or practice under 20-5 Subchapter E, Chapter 17, Business & Commerce Code, and any public 20-6 or private right or remedy prescribed by that subchapter may be 20-7 used to enforce this chapter. 20-8 Art. 23. ACTION TO RECOVER AGAINST SECURITY. (a) A person 20-9 who is injured by the bankruptcy of a seller or the seller's breach 20-10 of an agreement entered into during a telephone solicitation may 20-11 bring and maintain an action to recover against the bond, letter of 20-12 credit, or certificate of deposit required under Article 10 of this 20-13 chapter. 20-14 (b) The liability of the surety on a bond provided pursuant 20-15 to Article 10 of this chapter does not exceed the amount of the 20-16 bond, regardless of the number of claims filed or the aggregate 20-17 amount claimed. If the amount claimed exceeds the amount of the 20-18 bond, the surety shall deposit the amount of the bond with the 20-19 secretary of state for distribution to claimants entitled to 20-20 recovery, and the surety is then relieved of all liability under 20-21 the bond. 20-22 Art. 24. NO WAIVER. An attempted waiver of a provision of 20-23 this chapter is void. 20-24 Art. 25. CUMULATIVE REMEDIES. The remedies provided by this 20-25 chapter are in addition to any other procedures or remedies 20-26 provided for by other law. 20-27 SECTION 2. (a) This Act takes effect January 1, 1994. 21-1 (b) The change in law made by this Act applies only to an 21-2 offense committed on or after the effective date of this Act. For 21-3 purposes of this section, an offense is committed before the 21-4 effective date of this Act if any element of the offense occurs 21-5 before that date. 21-6 SECTION 3. The importance of this legislation and the 21-7 crowded condition of the calendars in both houses create an 21-8 emergency and an imperative public necessity that the 21-9 constitutional rule requiring bills to be read on three several 21-10 days in each house be suspended, and this rule is hereby suspended.