1-1  By:  Willis (Senate Sponsor - Rosson)                 H.B. No. 1899
    1-2        (In the Senate - Received from the House May 12, 1993;
    1-3  May 13, 1993, read first time and referred to Committee on State
    1-4  Affairs; May 20, 1993, reported favorably by the following vote:
    1-5  Yeas 9, Nays 0; May 20, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson             x                               
   1-10        Carriker           x                               
   1-11        Henderson          x                               
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna                                          x    
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley                                       x    
   1-18        Sibley                                        x    
   1-19        West               x                               
   1-20        Whitmire                                      x    
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to solicitations for veterans organizations; providing
   1-24  penalties.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Title 132, Revised Statutes, is amended by adding
   1-27  Article 9023b to read as follows:
   1-28        Art. 9023b.  SOLICITATION IN NAME OF VETERANS ORGANIZATION
   1-29        Sec. 1.  DEFINITIONS.  In this article:
   1-30              (1)  "Person" means an individual, corporation,
   1-31  organization, business trust, partnership, association, or other
   1-32  private legal entity.
   1-33              (2)  "Solicitor" means a person who receives monetary
   1-34  compensation for the person's solicitation services on behalf of a
   1-35  veterans organization and who:
   1-36                    (A)  solicits a contribution of financial support
   1-37  or a purchase of goods or services on behalf of a veterans
   1-38  organization in person, by telephone, or by mail; or
   1-39                    (B)  solicits membership in a veterans
   1-40  organization from individuals who are not veterans.
   1-41              (3)  "Veteran" means a person who has served on active
   1-42  duty in the armed forces of the United States or in the state
   1-43  military forces as defined by Section 431.001, Government Code.
   1-44              (4)  "Veterans organization" means a nongovernmental
   1-45  entity that:
   1-46                    (A)  is formed formally or informally and
   1-47  purports to include or represent veterans; or
   1-48                    (B)  includes in its name a term that would lead
   1-49  a reasonable person to assume that the organization is associated
   1-50  with veterans or concerned with veterans' issues.
   1-51        Sec. 2.  REGISTRATION REQUIRED.  (a)  A veterans organization
   1-52  may not use a solicitor unless:
   1-53              (1)  the veterans organization has:
   1-54                    (A)  filed a registration statement as required
   1-55  by Section 4 of this article; and
   1-56                    (B)  filed and maintains a bond as required by
   1-57  Section 5 of this article; and
   1-58              (2)  the solicitor has:
   1-59                    (A)  filed a registration statement as required
   1-60  by Section 6 of this article; and
   1-61                    (B)  filed and maintains a bond as required by
   1-62  Section 7 of this article.
   1-63        (b)  A person may not act as a solicitor for a veterans
   1-64  organization unless the person has:
   1-65              (1)  filed a registration statement as required by
   1-66  Section 6 of this article; and
   1-67              (2)  filed and maintains a bond as required by Section
   1-68  7 of this article.
    2-1        Sec. 3.  ELIGIBILITY.  (a)  A veterans organization is
    2-2  eligible to register under Section 4 of this article and use a
    2-3  solicitor if the organization:
    2-4              (1)  consists of members:
    2-5                    (A)  who are individuals;
    2-6                    (B)  of whom at least 90 percent or 500,
    2-7  whichever is less, are veterans; and
    2-8                    (C)  who have signed written membership
    2-9  agreements with the organization.
   2-10        (b)  A veterans organization is not eligible to use a
   2-11  solicitor if the organization has forfeited on three or more
   2-12  occasions a bond filed under this article.
   2-13        (c)  A solicitor is not eligible to solicit on behalf of a
   2-14  veterans organization if the solicitor has forfeited on three or
   2-15  more occasions a bond under this article.
   2-16        Sec. 4.  VETERANS ORGANIZATIONS REGISTRATION STATEMENT.
   2-17  (a)  Before beginning solicitations, a veterans organization must
   2-18  have on file with the secretary of state for public disclosure a
   2-19  registration statement containing:
   2-20              (1)  the name, street address, and telephone number of
   2-21  each solicitor that solicits on behalf of the veterans
   2-22  organization;
   2-23              (2)  the name, street address, and telephone number of
   2-24  each veterans organization or fund on behalf of which all or part
   2-25  of the contributions will be used, or, if there is no organization
   2-26  or fund, a statement describing the manner in which the
   2-27  contributions will be used;
   2-28              (3)  a statement of whether the veterans organization
   2-29  or fund for which the contributions are solicited has a charitable
   2-30  tax exemption under both federal and state law;
   2-31              (4)  the name of each veteran who serves on the board
   2-32  of directors or governing body of the veterans organization or fund
   2-33  for which the contributions are solicited, if any;
   2-34              (5)  the number of members who are veterans and the
   2-35  percentage of members of the veterans organization who are
   2-36  veterans, as determined on December 31 preceding the year in which
   2-37  the statement is filed;
   2-38              (6)  the name of each local, chapter, lodge,
   2-39  association, or group of veterans that is a member of the veterans
   2-40  organization for which contributions are solicited, if any;
   2-41              (7)  a copy of the Internal Revenue Service Form 990,
   2-42  or its successors, the veterans organizations most recently filed
   2-43  with the Internal Revenue Service, if any; and
   2-44              (8)  the name, address, and telephone number of the
   2-45  surety bond required by Section 5 of this article.
   2-46        (b)  The registration statement required by Subsection (a) of
   2-47  this section must be accompanied by a registration fee in the
   2-48  amount of $150 and the original copy of the bond required by
   2-49  Section 5 of this article.
   2-50        (c)  A veterans organization that has filed a registration
   2-51  statement under Subsection (a) of this section and that continues
   2-52  to make solicitations through a solicitor shall file an updated
   2-53  statement with the secretary of state on or before January 15 of
   2-54  each year during which solicitations will occur.
   2-55        Sec. 5.  VETERANS ORGANIZATION BOND.  (a)  A veterans
   2-56  organization that uses a solicitor shall post a surety bond with
   2-57  the secretary of state in the amount of:
   2-58              (1)  $1,000 if the organization is a veterans
   2-59  organization chartered by the United States Congress; or
   2-60              (2)  if the organization is not chartered by the United
   2-61  States Congress:
   2-62                    (A)  $5,000 if the organization solicits in not
   2-63  more than one county;
   2-64                    (B)  $10,000 if the organization solicits in more
   2-65  than one county but fewer than six counties; or
   2-66                    (C)  $25,000 if the organization solicits in six
   2-67  or more counties.
   2-68        (b)  The bond must be payable to the state and conditioned on
   2-69  compliance with this article.
   2-70        Sec. 6.  SOLICITOR REGISTRATION STATEMENT; FEE.  (a)  Before
    3-1  beginning solicitations for a veterans organization, a solicitor
    3-2  must have on file with the secretary of state for public disclosure
    3-3  a registration statement containing:
    3-4              (1)  the name, address, and telephone number of the
    3-5  solicitor;
    3-6              (2)  the name, address, and telephone number of each
    3-7  veterans organization on whose behalf the solicitor solicits or
    3-8  will solicit; and
    3-9              (3)  the name of each other state in which the
   3-10  solicitor is registered as a solicitor and the status of that
   3-11  registration.
   3-12        (b)  The registration statement required by Subsection (a) of
   3-13  this section must be accompanied by a registration fee in the
   3-14  amount of $500 and a bond as required by Section 7 of this article.
   3-15        (c)  A solicitor that has filed a registration statement
   3-16  under Subsection (a) of this section shall file an updated
   3-17  statement with the secretary of state on or before January 15 of
   3-18  each year during which the solicitor will solicit on behalf of a
   3-19  veterans organization.
   3-20        Sec. 7.  SOLICITOR BOND.  (a)  A solicitor shall post a
   3-21  surety bond with the secretary of state in the amount of:
   3-22              (1)  $5,000 if the solicitor solicits in not more than
   3-23  one county;
   3-24              (2)  $10,000 if the solicitor solicits in more than one
   3-25  county but fewer than six counties; or
   3-26              (3)  $25,000 if the solicitor solicits in six or more
   3-27  counties.
   3-28        (b)  The bond must be payable to the state and conditioned on
   3-29  compliance with this article.
   3-30        Sec. 8.  DISCLOSURE AT TIME OF SOLICITATION.  A solicitor
   3-31  shall disclose at the time each solicitation is made, orally if the
   3-32  solicitation is in person or by telephone and by printed notice in
   3-33  any printed matter distributed by the solicitor, the following
   3-34  information:  "The secretary of state has on file important
   3-35  information about persons that seek contributions in the name of
   3-36  veterans, and the number to call about that information is the
   3-37  Solicitation Information Hotline (the number maintained by the
   3-38  secretary of state)."
   3-39        Sec. 9.  SOLICITATION INFORMATION HOTLINE.  The secretary of
   3-40  state shall establish and operate a toll-free telephone line known
   3-41  as the Solicitation Information Hotline.  A member of the public
   3-42  may telephone the hotline number to:
   3-43              (1)  obtain information concerning a veterans
   3-44  organization or solicitor that has filed a statement with the
   3-45  secretary of state under this article; or
   3-46              (2)  report an alleged violation of this article by a
   3-47  solicitor or a veterans organization.
   3-48        Sec. 10.  SOLICITOR REPORTS.  (a)  At the end of each
   3-49  calendar quarter, a solicitor who raises more than $5,000 for a
   3-50  veterans organization during that calendar quarter shall file with
   3-51  the secretary of state a report that includes:
   3-52              (1)  the name, address, and telephone number of the
   3-53  solicitor;
   3-54              (2)  the gross amount raised by the solicitor for the
   3-55  veterans organization;
   3-56              (3)  the amount paid to the veterans organization; and
   3-57              (4)  the name and address of the person representing
   3-58  the veterans organization to which the amount was paid.
   3-59        (b)  A filing fee of $50 must accompany each report filed
   3-60  under this section.
   3-61        Sec. 11.  VETERANS ORGANIZATION REPORTS.  (a)  Before January
   3-62  15 of each year, each veterans organization that received more than
   3-63  $500 in solicited funds during the preceding calendar year shall
   3-64  file with the secretary of state a report that includes:
   3-65              (1)  the name and address of the veterans organization
   3-66  and each officer who is authorized to spend funds of the
   3-67  organization; and
   3-68              (2)  the total amounts from all sources spent by the
   3-69  organization for each of the following:
   3-70                    (A)  administrative expenses;
    4-1                    (B)  travel expenses of officers of the
    4-2  organization;
    4-3                    (C)  travel expenses of each member of the
    4-4  organization;
    4-5                    (D)  gifts to veterans or other veterans
    4-6  organizations;
    4-7                    (E)  gifts to nonveterans;
    4-8                    (F)  payments for the purchase, rental, or lease
    4-9  of and repairs to facilities used by the organization; and
   4-10                    (G)  any other expenditures.
   4-11        (b)  A filing fee of $50 must accompany each report filed
   4-12  under this section.
   4-13        (c)  A veterans organization that is chartered by the United
   4-14  States Congress and that has subsidiary organizations may:
   4-15              (1)  collect the reports of the subsidiary
   4-16  organizations; and
   4-17              (2)  file its report and the reports of its subsidiary
   4-18  organizations at one time and pay a single filing fee.
   4-19        (d)  If funds of a veterans organization are given to an
   4-20  individual for the individual's personal use, the organization
   4-21  shall require the individual to sign a receipt for the funds before
   4-22  the funds are delivered.  The organization shall keep receipts for
   4-23  all expenditures on file for a period of seven years.
   4-24        (e)  The reports and receipts to which this section applies
   4-25  are public records and the veterans organization shall make them
   4-26  available to any person who requests them in writing.
   4-27        Sec. 12.  PROHIBITED PRACTICES.  (a)  A solicitor may not
   4-28  solicit on behalf of a veterans organization in counties other than
   4-29  counties that the veterans organization serves unless the solicitor
   4-30  discloses the county or counties actually served by the
   4-31  organization.
   4-32        (b)  A contribution or membership fee solicited at a person's
   4-33  residence in person or by telephone may not be collected except
   4-34  through the United States mail or parcel post courier.
   4-35        (c)  A solicitor may not make a materially false or
   4-36  misleading statement of fact during a solicitation that would lead
   4-37  a responsible person to believe that proceeds of the solicitation
   4-38  are being used or will be used for a purpose other than the purpose
   4-39  for which the proceeds are actually used.
   4-40        (d)  A solicitor or a veterans organization may not make a
   4-41  material misrepresentation in a registration statement filed under
   4-42  this article.
   4-43        (e)  For purposes of Subsection (d) of this section,
   4-44  overreporting the number of veterans who are members of the
   4-45  veterans organization by more than three percent of the
   4-46  organization's total membership is a material misrepresentation.
   4-47        Sec. 13.  OFFENSES; PENALTIES.  (a)  A person commits an
   4-48  offense if the person knowingly violates this article.
   4-49        (b)  An offense under this section is a Class B misdemeanor,
   4-50  except that if it is shown on trial of the offense that the
   4-51  defendant has been convicted previously under this section, the
   4-52  offense is a Class A misdemeanor.
   4-53        (c)  A corporation or association may be held criminally
   4-54  responsible for the conduct of a person acting on its behalf if the
   4-55  person's conduct constitutes an offense under this section.
   4-56        (d)  It is a defense to prosecution under this section that:
   4-57              (1)  the defendant is a veterans organization;
   4-58              (2)  the person whose conduct constitutes the offense
   4-59  was acting on behalf of a corporation or association with which the
   4-60  veterans organization had contracted for services; and
   4-61              (3)  the person committed the conduct without the
   4-62  knowledge of the veterans organization.
   4-63        Sec. 14.  AUDIT POWERS OF THE ATTORNEY GENERAL.  (a)  The
   4-64  attorney general may request reasonable and necessary information
   4-65  from a veterans organization or a solicitor for the purpose of
   4-66  auditing or verifying the representations contained in a
   4-67  registration statement required by this article.
   4-68        (b)  The attorney general may audit representations made by a
   4-69  solicitor during a solicitation to determine whether the
   4-70  solicitation complies with this article.
    5-1        Sec. 15.  INJUNCTION.  The attorney general may sue in a
    5-2  district court of Travis County to enjoin a person from violating
    5-3  this article.  The attorney general shall notify the defendant of
    5-4  the alleged prohibited conduct not later than the seventh day
    5-5  before the date the suit is filed, unless the attorney general
    5-6  intends to request that the court issue a temporary restraining
    5-7  order, in which event notice is not required.
    5-8        Sec. 16.  CIVIL PENALTIES.  A person who violates any
    5-9  provision of this article is liable to the state for a civil
   5-10  penalty of not more than $10,000 per violation.  A person who
   5-11  violates an injunction issued under this article is liable to the
   5-12  state for a civil penalty of not less than $100,000.  The attorney
   5-13  general shall bring suit to recover the civil penalty.  If the
   5-14  violator has filed a bond under this article, the suit may be
   5-15  brought against the bond.
   5-16        Sec. 17.  SUIT ON BOND BY INJURED PARTY.  (a)  A person who
   5-17  is injured by a violation of this article may bring and maintain a
   5-18  suit or join in a suit brought by the state to recover against a
   5-19  bond filed under this article.  In a suit brought under this
   5-20  article, the court may assess costs of litigation and reasonable
   5-21  attorney's fees incurred by a plaintiff other than the state or by
   5-22  a defendant who substantially prevails.
   5-23        (b)  In a suit brought by a private plaintiff and the state
   5-24  under this article, if the amount claimed exceeds the amount of the
   5-25  bond, a bond forfeiture first pays the private plaintiff's damages
   5-26  and attorney's fees and any remaining amount is forfeited to the
   5-27  state.
   5-28        (c)  Nothing in this article prevents the state or an injured
   5-29  party from suing to recover a contribution obtained by
   5-30  misrepresentation or limits other causes of action available to a
   5-31  plaintiff by statute or common law.
   5-32        Sec. 18.  LOCAL ORDINANCES.  This article does not preempt or
   5-33  supersede any municipal ordinance applicable to a veterans
   5-34  organization or a solicitor.
   5-35        SECTION 2.  This Act takes effect September 1, 1993.
   5-36        SECTION 3.  The importance of this legislation and the
   5-37  crowded condition of the calendars in both houses create an
   5-38  emergency and an imperative public necessity that the
   5-39  constitutional rule requiring bills to be read on three several
   5-40  days in each house be suspended, and this rule is hereby suspended.
   5-41                               * * * * *
   5-42                                                         Austin,
   5-43  Texas
   5-44                                                         May 20, 1993
   5-45  Hon. Bob Bullock
   5-46  President of the Senate
   5-47  Sir:
   5-48  We, your Committee on State Affairs to which was referred H.B.
   5-49  No. 1899, have had the same under consideration, and I am
   5-50  instructed to report it back to the Senate with the recommendation
   5-51  that it do pass and be printed.
   5-52                                                         Harris of
   5-53  Dallas, Chairman
   5-54                               * * * * *
   5-55                               WITNESSES
   5-56                                                  FOR   AGAINST  ON
   5-57  ___________________________________________________________________
   5-58  Name:  Samuel Bier                               x
   5-59  Representing:  VFW
   5-60  City:  Austin
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