By: Cain S.B. No. 1311 A BILL TO BE ENTITLED AN ACT 1-1 relating to the prosecution of telemarketing fraud and to the 1-2 granting of concurrent jurisdiction to the attorney general to 1-3 prosecute telemarketing fraud offenses. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 17.45, Business & Commerce Code, is 1-6 amended by adding Subdivision (11) to read as follows: 1-7 (11) "Telephone solicitation" means a telephone call 1-8 to or from a person, initiated by a salesperson, automatic dialing 1-9 machine, or recorded message device for the purpose of inducing the 1-10 person to purchase, rent, claim, or receive an item and includes a 1-11 call made by a purchaser in response to a solicitation sent by mail 1-12 or made by any other means. 1-13 SECTION 2. Section 17.505, Business & Commerce Code, is 1-14 amended by adding Subsection (f) to read as follows: 1-15 (f) This section shall not apply to criminal prosecutions 1-16 brought under this chapter. 1-17 SECTION 3. Section 17.62, Business & Commerce Code, is 1-18 amended by adding Subsection (d) to read as follows: 1-19 (d) A person who commits an act declared to be unlawful by 1-20 this chapter while causing or attempting to cause a telephone 1-21 solicitation commits a third degree felony. 1-22 SECTION 4. Section 17.63, Business & Commerce Code, is 1-23 amended by renumbering it as Section 17.64 and adding the following 2-1 language as Section 17.63 to read as follows: 2-2 Sec. 17.63. CRIMINAL ENFORCEMENT. (a) The district 2-3 attorney, the criminal district attorney, and the county attorney 2-4 with felony responsibility of the county in which an alleged 2-5 violation occurred may institute criminal proceedings for alleged 2-6 violations under Subsection (d) of Section 17.62. 2-7 (b) At the request of the district attorney, criminal 2-8 district attorney, or county attorney with felony responsibility of 2-9 the county in which an alleged violation occurred, the attorney 2-10 general may institute criminal proceedings for alleged violations 2-11 under Subsection (d) of Section 17.62 in a court of competent 2-12 jurisdiction in the county where the alleged violation occurred or 2-13 in Travis County. 2-14 Sec. 17.64. APPLICATION. The provisions of this subchapter 2-15 apply only to acts or practices occurring after the effective date 2-16 of this subchapter, except a right of action or power granted to 2-17 the attorney general under Chapter 10, Title 79, Revised Civil 2-18 Statutes of Texas, 1925, as amended, prior to the effective date of 2-19 this subchapter. 2-20 SECTION 5. Subchapter F, Chapter 18, Revised Statutes, is 2-21 amended by adding Article 5069-18.26 to read as follows: 2-22 Art. 5069-18.26. CONCURRENT CRIMINAL JURISDICTION. (a) The 2-23 district attorney, criminal district attorney, or county attorney 2-24 with felony responsibility where an alleged violation occurred may 2-25 institute criminal proceedings for alleged violations of this 3-1 chapter. 3-2 (b) At the request of the district attorney, criminal 3-3 district attorney, or county attorney with felony responsibility in 3-4 the county where an alleged violation occurred, the attorney 3-5 general may institute criminal proceedings for alleged violations 3-6 of this chapter in a court of competent jurisdiction in the county 3-7 where the alleged violation occurred or in Travis County. 3-8 SECTION 6. (a) The changes in law made by this Act apply 3-9 only to a criminal offense committed or a violation that occurs on 3-10 or after the effective date of this Act. For the purposes of this 3-11 Act, a criminal offense is committed or a violation occurs before 3-12 the effective date of this Act if any element of the offense or 3-13 violation occurs before that date. 3-14 (b) A criminal offense committed or violation that occurs 3-15 before the effective date of this Act is covered by the law in 3-16 effect when the criminal offense was committed or the violation 3-17 occurred, and the former law is continued in effect for this 3-18 purpose. 3-19 SECTION 7. EFFECTIVE DATE. This Act takes effect 3-20 September 1, 1995. 3-21 SECTION 8. SEVERABILITY. If any section, sentence, clause, 3-22 or part of this Act shall, for any reason, be held invalid, such 3-23 invalidity shall not affect the remaining portions of the Act, and 3-24 it is hereby declared to be the intention of this legislature to 3-25 have passed each section, sentence, clause, or part irrespective of 4-1 the fact that any other section, sentence, clause, or part may be 4-2 declared invalid. 4-3 SECTION 9. EMERGENCY. The importance of this legislation 4-4 and the crowded condition of the calendars in both houses create an 4-5 emergency and an imperative public necessity that the 4-6 constitutional rule requiring bills to be read on three several 4-7 days in each house be suspended, and this rule is hereby suspended.