By King H.B. No. 1767
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of telemarketing fraud and to the
1-3 granting of concurrent jurisdiction to the attorney general to
1-4 prosecute telemarketing fraud offenses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 17.45, Business & Commerce Code, is
1-7 amended by adding Subdivision (11) to read as follows:
1-8 (11) "Telephone solicitation" means a telephone call
1-9 to or from a person, initiated by a salesperson, automatic dialing
1-10 machine, or recorded message device for the purpose of inducing the
1-11 person to purchase, rent, claim, or receive an item and includes a
1-12 call made by a purchaser in response to a solicitation sent by mail
1-13 or made by any other means.
1-14 SECTION 2. Section 17.505, Business & Commerce Code, is
1-15 amended by adding Subsection (f) to read as follows:
1-16 (f) This section shall not apply to criminal prosecutions
1-17 brought under this chapter.
1-18 SECTION 3. Section 17.62, Business & Commerce Code, is
1-19 amended by adding Subsection (d) to read as follows:
1-20 (d) A person who commits an act declared to be unlawful by
1-21 this chapter while causing or attempting to cause a telephone
1-22 solicitation commits a third degree felony.
1-23 SECTION 4. Section 17.63, Business & Commerce Code, is
2-1 amended by renumbering it as Section 17.64 and adding the following
2-2 language as Section 17.63 to read as follows:
2-3 Sec. 17.63. CRIMINAL ENFORCEMENT. (a) The district
2-4 attorney, the criminal district attorney, and the county attorney
2-5 with felony responsibility of the county in which an alleged
2-6 violation occurred may institute criminal proceedings for alleged
2-7 violations under Subsection (d) of Section 17.62.
2-8 (b) At the request of the district attorney, criminal
2-9 district attorney, or county attorney with felony responsibility of
2-10 the county in which an alleged violation occurred, the attorney
2-11 general may institute criminal proceedings for alleged violations
2-12 under Subsection (d) of Section 17.62 in a court of competent
2-13 jurisdiction in the county where the alleged violation occurred or
2-14 in Travis County.
2-15 Sec. 17.64. APPLICATION. The provisions of this subchapter
2-16 apply only to acts or practices occurring after the effective date
2-17 of this subchapter, except a right of action or power granted to
2-18 the attorney general under Chapter 10, Title 79, Revised Civil
2-19 Statutes of Texas, 1925, as amended, prior to the effective date of
2-20 this subchapter.
2-21 SECTION 5. Subchapter F, Chapter 18, Revised Statutes, is
2-22 amended by adding Article 5069-18.26 to read as follows:
2-23 Art. 5069-18.26. CONCURRENT CRIMINAL JURISDICTION. (a) The
2-24 district attorney, criminal district attorney, or county attorney
2-25 with felony responsibility where an alleged violation occurred may
3-1 institute criminal proceedings for alleged violations of this
3-2 chapter.
3-3 (b) At the request of the district attorney, criminal
3-4 district attorney, or county attorney with felony responsibility in
3-5 the county where an alleged violation occurred, the attorney
3-6 general may institute criminal proceedings for alleged violations
3-7 of this chapter in a court of competent jurisdiction in the county
3-8 where the alleged violation occurred or in Travis County.
3-9 SECTION 6. (a) The changes in law made by this Act apply
3-10 only to a criminal offense committed or a violation that occurs on
3-11 or after the effective date of this Act. For the purposes of this
3-12 Act, a criminal offense is committed or a violation occurs before
3-13 the effective date of this Act if any element of the offense or
3-14 violation occurs before that date.
3-15 (b) A criminal offense committed or violation that occurs
3-16 before the effective date of this Act is covered by the law in
3-17 effect when the criminal offense was committed or the violation
3-18 occurred, and the former law is continued in effect for this
3-19 purpose.
3-20 SECTION 7. EFFECTIVE DATE. This Act takes effect September
3-21 1, 1995.
3-22 SECTION 8. SEVERABILITY. If any section, sentence, clause,
3-23 or part of this Act shall, for any reason, be held invalid, such
3-24 invalidity shall not affect the remaining portions of the Act, and
3-25 it is hereby declared to be the intention of this legislature to
4-1 have passed each section, sentence, clause, or part irrespective of
4-2 the fact that any other section, sentence, clause, or part may be
4-3 declared invalid.
4-4 SECTION 9. EMERGENCY. The importance of this legislation
4-5 and the crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.