By Coleman H.B. No. 1347
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration and reporting by commercial solicitors
1-3 and restrictions on charitable solicitation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 9, Property Code, is amended by adding
1-6 Chapter 125 to read as follows:
1-7 CHAPTER 125. REGISTRATION AND REPORTING BY COMMERCIAL
1-8 SOLICITORS.
1-9 Sec. 125.001. SCOPE OF ACT; SHORT TITLE. (a) Except as
1-10 provided by this chapter, this chapter applies to all commercial
1-11 solicitors created, organized, or doing business in Texas and to
1-12 all persons who solicit contributions without consent by charitable
1-13 organizations. In addition to other acts that may constitute doing
1-14 business in Texas, the solicitation of contributions from persons
1-15 in Texas shall be considered to be doing business in Texas,
1-16 regardless of where the solicitation originates.
1-17 (b) This chapter may be cited as the Commercial Solicitors
1-18 Registration and Reporting Act.
1-19 (c) This chapter does not apply to organizations subject to
1-20 Article 9023b or Article 9023c, Revised Statutes.
1-21 Sec. 125.002. CONSTRUCTION AND APPLICATION. This chapter
1-22 shall be applied to promote its underlying purposes, which are to
1-23 prevent misleading fundraising practices and to provide information
2-1 through public awareness and donor education.
2-2 Sec. 125.003. DEFINITIONS. In this chapter and for purposes
2-3 of this chapter only:
2-4 (a) "Charitable organization" means
2-5 (1) a person who is exempt or has applied for
2-6 exemption from federal income tax under Section 501(c)(3) of the
2-7 Internal Revenue Code of 1986; or
2-8 (2) a person who solicits contributions and is exempt
2-9 or has applied for exemption from federal income tax under Sections
2-10 501(c)(4) or 501(c)(10) of the Internal Revenue Code of 1986; or
2-11 (3) any other person who solicits contributions and is
2-12 or holds himself, herself, or itself out to be established or
2-13 operating for a charitable purpose, except for commercial
2-14 coventurers and volunteers that have been authorized to solicit on
2-15 behalf of a charitable organization which has registered in
2-16 accordance with the provisions of this Act.
2-17 (b) "Charitable purpose" means (1) any purpose described in
2-18 Section 501(c)(3) of the Internal Revenue Code of 1986; or (2) the
2-19 provision of assistance to needy individuals.
2-20 (c) "Commercial Solicitor" means any person who is retained
2-21 by a charitable organization to solicit contributions, whether such
2-22 solicitation is done individually or through other persons under
2-23 the direction of the commercial solicitor. No fundraising counsel
2-24 shall be deemed a commercial solicitor. No bona fide employee,
2-25 officer, director, or volunteer of a charitable organization shall
3-1 be deemed to be a commercial solicitor. No person who advises
3-2 another person to make a charitable contribution shall be deemed,
3-3 as the result of such advice, to be a commercial solicitor.
3-4 (d) "Contribution" means the promise to give or gift of
3-5 money, credit, property, financial assistance, or other thing of
3-6 any kind or value, except for volunteer services. It does not
3-7 include bona fide fees, dues or assessments paid by members,
3-8 provided that membership is not conferred solely as consideration
3-9 for making a contribution in response to a solicitation.
3-10 (e) "Person" means an individual, partnership, corporation,
3-11 association, or other entity, however organized.
3-12 (f) "Solicit" and "solicitation" mean:
3-13 (1) The direct or indirect request for a contribution
3-14 on the plea or representation that the contribution, or any portion
3-15 thereof, will be used for a charitable purpose or to benefit a
3-16 charitable organization. A solicitation shall be deemed to have
3-17 taken place whether or not the person making the solicitation
3-18 receives any contribution. Without limiting the scope of the
3-19 foregoing, these words shall include the following method of
3-20 requesting contributions:
3-21 (A) any oral or written request;
3-22 (B) publicizing a request in newspapers, on the
3-23 radio or television, or by any telecommunications device or other
3-24 manner of transmitting information to the public;
3-25 (C) the distribution, circulation, posting or
4-1 publishing of any handbill, written advertisement or other
4-2 publications;
4-3 (D) offering for sale any advertisement, book,
4-4 card, coupon, ticket, membership, merchandise, subscription,
4-5 flower, candy or other tangible item if any appeal is made for any
4-6 charitable organization or charitable purpose, or if the name of
4-7 any charitable organization is used or referred to in the appeal as
4-8 an inducement or reason for making the sale, or where any statement
4-9 is made that the whole or any part of the proceeds from the sale
4-10 will be used for any charitable purpose or to benefit any
4-11 charitable organization; or
4-12 (E) the use or employment of canisters, cards,
4-13 receptacles or similar devices for the collection of money or other
4-14 things of value in connection with which any appeal is made for any
4-15 charitable organization or charitable purpose.
4-16 (2) The words "solicit" and "solicitation" shall not
4-17 include a request for contributions by a charitable organization
4-18 made solely to its current and former trustees, officers,
4-19 directors, members, employees, students, advisory boards or
4-20 volunteers.
4-21 (g) "Knowingly" means with actual awareness, but actual
4-22 awareness may be inferred where object manifestations indicate that
4-23 a person acted with actual awareness.
4-24 (h) "Commercial coventurer" means any person who for profit
4-25 regularly and primarily is engaged in trade or commerce other than
5-1 in connection with soliciting for charitable organizations or
5-2 charitable purposes and who conducts a charitable sales promotion.
5-3 (i) "Charitable sales promotion" means any advertising or
5-4 sale conducted by a person who represents that the purchase or use
5-5 of goods or services offered by the person will benefit, in whole
5-6 or in part, any charitable organization or charitable purpose. The
5-7 provision of advertising services to a charitable organization,
5-8 either for compensation or as a donation, does not of itself
5-9 constitute a charitable sales promotion.
5-10 (j) "Fundraising counsel" means any person who for
5-11 compensation consults with a charitable organization or who plans,
5-12 manages, advises or assists with respect to the solicitation of
5-13 contributions for or on behalf of a charitable organization, but
5-14 who does not have custody and control over contributions or other
5-15 receipts from a solicitation or authority to pay expenses
5-16 associated with a solicitation and who does not solicit or employ,
5-17 procure or engage any compensated person to solicit contributions.
5-18 A bona fide officer, volunteer, or employee of a charitable
5-19 organization shall not be deemed a fundraising counsel.
5-20 Sec. 125.004. REGISTER TO BE MAINTAINED. (a) The attorney
5-21 general shall establish and maintain a register of commercial
5-22 solicitors subject to this chapter.
5-23 (b) Except as otherwise provided herein, all documents
5-24 required to be filed with the attorney general under this chapter
5-25 shall be public information and shall be available to the public
6-1 pursuant to the Open Records Act, Chapter 552, Government Code,
6-2 except those documents which identify the donors of a charitable
6-3 organization, which information is confidential and shall not be
6-4 subject to disclosure.
6-5 Sec. 125.005. REGISTRATION. (a) No commercial solicitor
6-6 may solicit contributions in Texas unless the commercial solicitor
6-7 has fully complied with the requirements of this chapter
6-8 (b) By January 1, 1996 for commercial solicitors doing
6-9 business in Texas on the effective date of this Act, or at least 10
6-10 working days before beginning new solicitations in Texas after the
6-11 effective date of this Act, a commercial solicitor shall do all of
6-12 the following:
6-13 (1) submit to the attorney general a completed
6-14 registration statement, on a form prescribed or approved by the
6-15 attorney general, that contains all of the following:
6-16 (A) the legal name and any other names used by
6-17 the commercial solicitor, and its federal employer identification
6-18 number or social security number;
6-19 (B) the street address(es), mailing address(es),
6-20 telephone number(s) and facsimile number(s) for all offices of the
6-21 commercial solicitor;
6-22 (C) the date and state of incorporation of the
6-23 commercial solicitor, or, if the commercial solicitor is not
6-24 incorporated, the type of organization it is, the state in which it
6-25 was formed and date it was formed;
7-1 (D) a list of charitable organizations for which
7-2 solicitation is planned or ongoing for the year of registration,
7-3 providing their legal names and any other names they use,
7-4 address(es), and telephone number(s);
7-5 (E) a statement as to whether the commercial
7-6 solicitor or any of its directors, officers, agents, or employees
7-7 has been enjoined by a government agency or court from soliciting,
7-8 has had its registration denied or revoked, has been the subject of
7-9 any court or administrative proceeding regarding any solicitation
7-10 or registration, and/or entered into a voluntary agreement of
7-11 compliance. The statement shall include a description of each
7-12 proceeding, the state in which the proceeding occurred, the name of
7-13 the agency or court that presided over the proceeding, the date of
7-14 the proceeding, and the ultimate outcome of the proceeding;
7-15 (F) a list of all agencies and states where the
7-16 commercial solicitor is registered or has been registered,
7-17 including dates of registration, registration numbers, any other
7-18 names under which the commercial solicitor was or is registered and
7-19 the dates and types of solicitation conducted in each such state
7-20 during the past year;
7-21 (G) a statement that the commercial solicitor
7-22 has complied with all applicable Texas county and municipal
7-23 ordinances regarding solicitation, or, if none apply, a statement
7-24 to that effect;
7-25 (H) the names, street addresses, and telephone
8-1 numbers of the owners, officers, directors, and chief operating
8-2 officers of the commercial solicitor;
8-3 (I) a statement as to whether any owner,
8-4 officer, director, or employee has ever been convicted of or
8-5 pleaded nolo contendere to a misdemeanor involving fraud or the
8-6 theft, misappropriation, misapplication, or misuse of property of
8-7 another, or of any felony, including the offense and the state,
8-8 court, and date of each conviction or plea of nolo contendere;
8-9 (J) the names of all individuals responsible for
8-10 custody or control of funds, distribution of funds, custody of
8-11 records, or authorized to sign checks and/or to make withdrawals;
8-12 (K) a statement that the charitable
8-13 organization(s) for which it is soliciting contributions is
8-14 registered pursuant to Chapter 124, Property Code; and
8-15 (L) a sworn statement by the commercial
8-16 solicitor or an owner, officer or director of the commercial
8-17 solicitor that the information included in the registration
8-18 statement is true, correct, and complete.
8-19 (2) File with the attorney general a bond that meets
8-20 the requirements of Sec. 125.006.
8-21 (3) Pay to the attorney general a $250 registration
8-22 fee.
8-23 (4) Comply with the provisions of Sec. 125.007.
8-24 (c) Registration statements expire one year from the date of
8-25 filing. Renewal registration statements shall be submitted to the
9-1 attorney general on the same forms required for initial
9-2 registration statements on or before the expiration date. In order
9-3 to renew registration, commercial solicitors shall include:
9-4 (1) any changes in the registration statement
9-5 previously provided to the attorney general or a statement that
9-6 there are no changes for the items on which there are no changes
9-7 from the prior year;
9-8 (2) a $250 renewal fee; and
9-9 (3) evidence satisfactory to the attorney general that
9-10 the commercial solicitor maintains a bond that meets the
9-11 requirements of Sec. 125.006.
9-12 (d) Commercial solicitors that are not in compliance with
9-13 the provisions of this chapter shall be notified of noncompliance
9-14 by the attorney general by first class mail at the commercial
9-15 solicitor's last reported address. Noncompliance shall include
9-16 failure to file any documents required by this chapter or the
9-17 filing of incomplete or inaccurate documents. A commercial
9-18 solicitor shall be deemed to be in violation of this chapter if it
9-19 fails to correct any deficiency in the registration statement, bond
9-20 or fee within thirty days of the date the notice of deficiency is
9-21 mailed, or if it knowingly files inaccurate documents.
9-22 Sec. 125.006. BOND. At the time of filing a registration
9-23 statement, a commercial solicitor shall file with the attorney
9-24 general a bond in which the commercial solicitor is the principal
9-25 obligor, in the sum $25,000, with one or more responsible sureties
10-1 whose liability in the aggregate as sureties at least equals that
10-2 sum. The commercial solicitor shall maintain the bond as long as
10-3 the registration is in effect. The bond, which may be in the form
10-4 of a rider to a larger blanket liability bond, shall run to the
10-5 state and to any person who may have a cause of action against the
10-6 commercial solicitor for any liabilities arising out of a violation
10-7 of this chapter or the rules promulgated under this chapter.
10-8 Sec. 125.007. SOLICITATION NOTICE. At least ten working
10-9 days before soliciting on behalf of a charitable organization, a
10-10 commercial solicitor shall file with the attorney general the
10-11 written contract required by Sec. 125.008, a filing fee of $50.00
10-12 and a completed solicitation notice, on a form prescribed or
10-13 approved by the attorney general, that includes all of the
10-14 following information that is not explicitly included in the
10-15 written contract:
10-16 (a) the estimated amount and method of calculation of
10-17 compensation and expenses to be paid to or by the commercial
10-18 solicitor under the contract described in Sec. 125.008;
10-19 (b) the type(s) of solicitation to be conducted and the
10-20 projected period during which the solicitation will take place;
10-21 (c) the street address(es) and telephone number(s) from
10-22 which the solicitation will be conducted;
10-23 (d) the name and street address of each person responsible
10-24 for supervising the services provided by the commercial solicitor
10-25 under the contract described in Sec. 125.008;
11-1 (e) a statement as to whether the commercial solicitor will
11-2 at any time have custody or control of contributions, and if not,
11-3 a statement identifying by name and street address, the person who
11-4 will have custody or control of contributions;
11-5 (f) a complete description of the charitable purpose or
11-6 purposes for which solicitations will be made;
11-7 (g) a statement as to whether any officer, director,
11-8 partner, employee, or owner of more than 10% of the commercial
11-9 solicitor, or a relative of any of them, has in any way been
11-10 affiliated with or in control of the charitable organization which
11-11 is the subject of the solicitation, directly or indirectly;
11-12 (h) a statement as to whether any officer, director,
11-13 trustee, member, or employee of the charitable organization which
11-14 is the subject of the solicitation, or a relative of any of them,
11-15 has in any way been affiliated with or in control of the
11-16 commercial solicitor, directly or indirectly;
11-17 (i) a sworn statement by an owner, officer or director of
11-18 the commercial solicitor that the information included in the
11-19 solicitation notice is true, correct and complete; and
11-20 (j) written confirmation from the charitable organization on
11-21 whose behalf the commercial solicitor is acting that the
11-22 information contained in the solicitation notice is true, correct
11-23 and complete to the best of organization's knowledge.
11-24 Sec. 125.008. CONTRACT. A commercial solicitor shall enter
11-25 into a written contract with every charitable organization for
12-1 which it solicits that states the respective obligations of the
12-2 commercial solicitor and the charitable organization. The contract
12-3 shall state the amount of the compensation that the commercial
12-4 solicitor will receive. The compensation shall be expressed either
12-5 as (a) a fixed percentage of the gross revenue, (b) an hourly or
12-6 other fee based on specific services to be provided or (c) a dollar
12-7 amount. Any expenses to be paid by the charitable organization
12-8 shall be set forth in the contract.
12-9 Sec. 125.009. REPORTING CHANGES. Within ten days after any
12-10 material change occurs in any solicitation notice or contract filed
12-11 with the attorney general under Section 125.007, the commercial
12-12 solicitor shall report the change, in writing, to the attorney
12-13 general.
12-14 Sec. 125.010. FINANCIAL REPORT. Within 90 days after
12-15 completing services under a contract described in Sec. 125.008 and
12-16 within 90 days after the close of the commercial solicitor's fiscal
12-17 year for any contract described under Sec. 125.008 which is in
12-18 effect more than one year, the commercial solicitor shall account
12-19 in writing to the charitable organization for all contributions
12-20 received by the commercial solicitor and details regarding all
12-21 compensation and expenses charged by the commercial solicitor to
12-22 the charitable organization under the contract, and shall file such
12-23 accounting with the attorney general.
12-24 Sec. 125.011. DEPOSITING CONTRIBUTIONS. A commercial
12-25 solicitor shall deposit all monetary contributions it receives on
13-1 behalf of a charitable organization in an account at a financial
13-2 institution within five days after receipt. The charitable
13-3 organization shall have sole control of all withdrawals from the
13-4 account.
13-5 Sec. 125.012. RECORD KEEPING. During the period in which a
13-6 contract described in Sec. 125.008, is in effect and for not less
13-7 than three years after its completion, a commercial solicitor shall
13-8 keep and retain true books and records as to its activities within
13-9 the state in such form as will enable it to accurately provide the
13-10 information required by this chapter, including, but not limited to
13-11 the following records:
13-12 (a) the date and amount of the contribution and, if known,
13-13 the name and address of each person contributing;
13-14 (b) the name and street address of each employee or agent
13-15 involved in the solicitation;
13-16 (c) a record of all contributions that are at any time in
13-17 the custody or control of the commercial solicitor;
13-18 (d) a record of all expenses incurred by the commercial
13-19 solicitor that the charitable organization is required to pay or
13-20 the commercial solicitor pays on behalf of the charitable
13-21 organization; and
13-22 (e) a record of the location and account number of each
13-23 financial institution account in which the commercial solicitor
13-24 deposits contributions.
13-25 Sec. 125.013. PROHIBITED SOLICITATIONS. (a) No person
14-1 shall solicit contributions on behalf of a charitable organization
14-2 without prior written consent from the charitable organization.
14-3 (b) A charitable organization and/or the attorney general
14-4 may institute an action against any person who solicits
14-5 contributions in violation of this section unless this right is
14-6 waived in writing by the charitable organization after the
14-7 violation occurs.
14-8 (c) Commercial solicitors and those employed or engaged to
14-9 solicit by or for them shall disclose their status as paid
14-10 solicitors in all oral and written solicitations. No commercial
14-11 solicitor or person employed or engaged to solicit by or for them
14-12 shall solicit on behalf of a charitable organization without making
14-13 such disclosure.
14-14 (d) The remedy established in this section is in addition to
14-15 and does not limit any other statutory or common law remedies
14-16 available to the attorney general.
14-17 Sec. 125.014. COMMERCIAL SOLICITORS DEEMED TO BE ACTING IN A
14-18 FIDUCIARY CAPACITY. Every commercial solicitor and every person
14-19 employed or engaged by or for a commercial solicitor to solicit
14-20 contributions shall be deemed to be acting in a fiduciary capacity
14-21 with respect to contributions they solicit.
14-22 Sec. 125.015. COMMERCIAL COVENTURERS. Prior to the
14-23 commencement of any charitable sales promotion in this state
14-24 conducted by a commercial coventurer, the commercial coventurer
14-25 shall obtain the written consent of the charitable organization(s)
15-1 whose name(s) will be used during the charitable sales promotion.
15-2 Sec. 125.016. AUDIT POWERS OF THE ATTORNEY GENERAL. (a)
15-3 The commercial solicitor shall make all records described in Sec.
15-4 125.012 available for inspection and copying by authorized
15-5 personnel of the attorney general upon written request.
15-6 (b) The information provided to authorized personnel of the
15-7 attorney general under subsection (a), Sec. 125.012 which
15-8 identifies the donors of a charitable organization is confidential
15-9 and shall not be disclosed to any person other than authorized
15-10 employees of the attorney general, and other law enforcement
15-11 entities to the extent necessary for investigative or law
15-12 enforcement purposes, or others the attorney general deems
15-13 necessary in the enforcement of this chapter. Any material which
15-14 contains information deemed confidential by law shall not be
15-15 disclosed to persons other than authorized personnel of the
15-16 attorney general or other law enforcement entities except upon the
15-17 agreement of the person who furnished the material or with the
15-18 approval of a court after adequate notice to the person who
15-19 furnished the material.
15-20 (c) A commercial solicitor shall make available the
15-21 information requested by authorized personnel of the attorney
15-22 general at the commercial solicitor's principal place of business
15-23 within ten working days of the date of the request, or at such
15-24 other time and place as may be agreed.
15-25 (d) The authority established in this section is in addition
16-1 to and does not limit any other statutory or common law audit or
16-2 investigative authority of the attorney general.
16-3 Sec. 125.017. USE OF FEES. All fees collected by the
16-4 attorney general under this chapter are appropriated to the
16-5 attorney general during the biennium of receipt to administer the
16-6 provisions of this chapter, to enforce this chapter, and to educate
16-7 the public about this chapter and charitable solicitations
16-8 generally.
16-9 Sec. 125.018. TOLL-FREE TELEPHONE LINE. The attorney
16-10 general shall establish and operate a toll-free telephone line.
16-11 The public may telephone the toll-free number to:
16-12 (a) obtain information concerning a commercial solicitor
16-13 that has registered pursuant to this chapter; or
16-14 (b) report an alleged violation of this chapter.
16-15 Sec. 125.019. REGISTRATION DOES NOT IMPLY ENDORSEMENT. (a)
16-16 Registration pursuant to this chapter does not imply endorsement by
16-17 the state or the attorney general, and commercial solicitors shall
16-18 be prohibited from stating or implying to the contrary.
16-19 (b) Any printed solicitation, written confirmation, receipt
16-20 or written reminder of a contribution issued by a commercial
16-21 solicitor concerning a solicitation or contribution solicited by a
16-22 commercial solicitor which is registered pursuant to this chapter
16-23 shall contain the following statement:
16-24 INFORMATION CONCERNING THIS CHARITABLE SOLICITATION MAY
16-25 BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF
17-1 TEXAS BY CALLING ( ). REGISTRATION WITH THE
17-2 ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.
17-3 (c) The statement required by subsection (b) of this section
17-4 must be conspicuously printed in all capital letters, at least as
17-5 large as the standard size of the text in the body of the written
17-6 communication
17-7 Sec. 125.020. REMEDIES. (a) The attorney general may
17-8 institute an action for failure to fully and accurately comply with
17-9 any provision of this statute, and may obtain injunctive relief to
17-10 restrain the person from continuing the violation or violations,
17-11 cancellation or suspension of the registration, an order
17-12 restraining the person from doing business in this state while
17-13 violating this chapter, and/or civil penalties of not more than
17-14 $25,000 per violation. A person who violates an injunction issued
17-15 under this section is liable to the state for a civil penalty of
17-16 not less than $100,000.
17-17 (b) Suit may be brought against a bond filed under this
17-18 chapter.
17-19 (c) The remedies authorized by this chapter are not
17-20 exclusive, but are in addition to any other procedure or remedies
17-21 provided for by any other statutory or common law.
17-22 (d) In any proceeding successfully prosecuted by the
17-23 attorney general under this chapter, the court may allow the
17-24 attorney general to recover civil penalties and the reasonable
17-25 costs, expenses and attorney's fees incurred in bringing the suit.
18-1 Sec. 125.021. APPROPRIATION OF FEES AND CIVIL PENALTIES. In
18-2 addition to moneys appropriated elsewhere, the attorney general is
18-3 hereby appropriated all fees assessed pursuant to and all recovered
18-4 expenses incurred in obtaining injunctive relief, administrative
18-5 and/or civil penalties authorized by Chapter 125, Property Code.
18-6 Recovered expenses include, but are not limited to, investigative
18-7 costs, witness fees, attorneys' fees, and deposition expenses.
18-8 Moneys hereby appropriated may be expended only for purposes of
18-9 enforcing and administering the provisions of Chapter 125, Property
18-10 Code and may not be appropriated for any other purpose.
18-11 Sec. 125.022. SERVICE ON THE SECRETARY OF STATE. (a) The
18-12 secretary of state is an agent for service of process or complaint
18-13 on a commercial solicitor which:
18-14 (1) is required by statute to designate or maintain a
18-15 resident agent but has not designated or maintained a resident
18-16 agent for service of process;
18-17 (2) has one or more resident agents for service of
18-18 process, but two unsuccessful attempts have been made on different
18-19 business days to serve each agent; or
18-20 (3) is not required to designate an agent for service
18-21 in this state.
18-22 (b) Service on the secretary of state may be made by
18-23 certified mail, return receipt requested, by the clerk of the court
18-24 in which the case is pending, by the party or representative of the
18-25 party or by any other method authorized by statute or the Texas
19-1 Rules of Civil Procedure for service on the secretary of state.
19-2 (c) If the secretary of state is served with process for a
19-3 commercial solicitor, he shall require a statement of the name and
19-4 last known address of the commercial solicitor's home or office and
19-5 shall immediately mail a copy of the process to the commercial
19-6 solicitor by registered mail or by certified mail, return receipt
19-7 requested.
19-8 Sec. 125.023. VENUE. In any proceeding under this chapter,
19-9 venue shall be in a court of competent jurisdiction in Travis
19-10 County, or in the county in which the commercial solicitor has its
19-11 principal place of business, or has a fixed or established place of
19-12 business at the time the suit is brought, or in the county in which
19-13 solicitation occurred.
19-14 Sec. 125.024. RULES. The attorney general may prescribe any
19-15 rules, procedures and forms which are consistent with and necessary
19-16 for the proper administration and enforcement of this chapter.
19-17 SECTION 2. The changes in law made by this Act apply only to
19-18 a solicitation that takes place on or after the effective date of
19-19 this Act. A solicitation that takes place before the effective
19-20 date of this Act is governed by the law in effect on the date of
19-21 the solicitation, and the former law is continued for this purpose.
19-22 SECTION 3. This Act takes effect September 1, 1995.
19-23 SECTION 4. SEVERABILITY. If any section, sentence, clause,
19-24 or part of this Act shall, for any reason, be held invalid, such
19-25 invalidity shall not affect the remaining portions of the Act and
20-1 it is hereby declared to be the intention of this legislature to
20-2 have passed each section, sentence, clause, or part irrespective of
20-3 the fact that any other section, sentence, clause, or part may be
20-4 declared invalid.
20-5 SECTION 5. EMERGENCY. The importance of this legislation
20-6 and the crowded condition of the calendars in both houses create an
20-7 emergency and an imperative public necessity that the
20-8 constitutional rule requiring bills to be read on three separate
20-9 days in each house be suspended, and this rule is hereby suspended.