Amend on third reading SB 1581, as amended on second reading, as follows: (1) In the section of the bill entitled REGISTRATION, in Subsection (a), strike "voluntarily". (2) In the section of the bill entitled REGISTRATION, in Subsection (b), strike "that registers with the attorney general". (3) In the section of the bill entitled REGISTRATION, add Subsection (f) to read as follows: (f) A volunteer that has been authorized to solicit on behalf of a charitable organization is not required to register under this Act. (4) In the section of the bill entitled RECORDKEEPING; AUDIT POWERS OF ATTORNEY GENERAL, in Subsection (a), strike "that files" and substitute "required to file". (5) In the section of the bill entitled RECORDKEEPING; AUDIT POWERS OF ATTORNEY GENERAL, in Subsection (a), strike "filed with the attorney general" and substitute "required by this Act". (6) Insert the following appropriately numbered sections: SECTION ____. DEFINITIONS. In this Act: (1) "Charitable organization" means a person, other than a governmental law enforcement agency or organization, who solicits contributions or funds and is or holds himself, herself, or itself out to be established or operating for a charibable purpose relating to law enforcement, including nongovernmental law enforcement organizations, nongovernmental law enforcement publications, and survivors of law enforcement officers who are killed in the line of duty. (2) "Commercial telephone solicitor" means a person who is retained by a charitable organization to solicit contributions or funds by telephone, whether done individually or through another person under the direction of the commercial telephone solicitor. Ther term does not include a bona fide employee, officer, director, or volunteer of a charitable organization. (3) "Contribution" means the promise to give or the gift of money, credit, property, financial assistance, or other thing of any kind or value, except volunteer services. The term does not include bona fide fees, dues, or assessments paid by members if the membership is not conferred solely as consideration for making a contribution in response to a telephone solicitation. (4) "Knowingly" means with actual awareness, but actual awareness may be inferred if objective manifestations indicate that a person acted with actual awareness. (5) "Person" means an individual, partnership, corporation, association, or other legal entity. (6) "Telephone solicitation" means the use of a telephone to solicit another person to make a charitable contribution to an organization. SECTION ____. REGISTER TO BE MAINTAINTED. (a) The attorney general shall establish and maintain a register of charibable organizations subject to this Act. (b) All documents required to be filed with the attorney general under this Act are public information and shall be available to the public under the open records law, Chapter 552, Government Code, except those documents that identify the donors of a charitable organization, which information is confidential and is not subject to disclosure. SECTION ____. BOND. A commercial telephone solicitor shall post a surety bond with the secretary of state in the amount of $50,000 issued by a surety company authorized to do business in this state. SECTION ____. NOTIFICATION OF NONCOMPLIANCE. (a) a charitable organization that is not in compliance with this Act shall be notified of noncompliance by the attorney general by first class mail at the organization's last reported address. Noncompliance includes failure to file any documents required by this Act or the filing of incomplete or inaccurate documents. (b) A charitable organization violates this Act if the organization: (1) fails to file complete documents within 30 days after the date the notice required by Subsection (a) of this section has been mailed; or (2) knowingly files materially inaccurate documents. SECTION ____. REGISTRATION DOES NOT IMPLY ENDORSEMENT. Registration under this Act does not imply endorsement by this state or the attorney general, and charitable organizations are prohibited from stating or implying to the contrary. SECTION ____. REMEDIES. (a) The attorney general may institute an action for failure to fully and accurately comply with this Act and may obtain injunctive relief to restrain a person from continuing a violation, cancellation or suspension of the registration, an order restraining the person from doing business in this state while violating this Act, a civil penalty of not more than $25,000 per violation, or injunctive relief and a civil penalty. A person who violates an injunction issued under this section is liable to the state for civil penalty of not less than $100,000. (b) The remedies authorized by this Act are not exclusive but are in addition to any other prodedure or remedy provided for by other statutory or common law. (c) In any proceeding successfully prosecuted by the attorney general under this Act, the court may allow the attorney general to recover civil penalties and the reasonable costs, expenses, and attorney's fees incurred in bringing the suit. SECTION ____. DEDICATION OF FEES AND CIVIL PENALTIES. In addition to other money, all fees assessed under this Act and all recovered expenses incurred in obtaining injunctive relief and administrative and civil penalties authorized by this Act are dedicated for use by the attorney general in enforcing and administering this Act. Recovered expenses include investigative costs, witness fees, attorney's fees, and deposition expenses. SECTION ____. VENUE. An action under this Act shall be brought in a court of competent jurisdiction in Travis County, in the county which the charitable organization has its principal place of business or has a fixed and established place of business at the time the suit is brought, or in the county in which the solicitation occurred. SECTION ____. NOTICE TO CONTRIBUTORS; PROHIBITION. (a) If less than 90 percent of the contributions or funds collected by a charitable organization or commercial telephone solicitor are paid by the charitable organization or commercial telephone solicitor to a charitable organization, the commercial telephone solicitor shall notify each person solicited by telephone, before accepting a contribution or funds from the person, of the percentage of the contributions or funds that will be paid to the organization for which the contributions or funds are being solicited and the percentage that will be retained by the solicitor. This information shall also be included on any written statement mailed to the contributor. (b) A charitable organization or commercial telephone solicitor may not make a telephone call to solicit contributions or funds unless the call is made after 9 a.m. and before 7 p.m., Monday through Friday. SECTION ____. PROHIBITED PRACTICES. (a) A person may not commit an unfair or deceptive act or practice in the conduct of solicitations for a charitable organization. (b) A person may not represent to a person solicited that a contribution is to be used to benefit the survivors of a law enforcement officer killed in the line of duty unless: (1) 100 percent of the contributions collected are used to benefit those survivors; or (2) the person solicited is informed in writing of the exact percentage of the contribution that will directly benefit those survivors. SECTION ____. RULES. The attorney general may adopt rules, procedures, and forms that are consistent with and necessary for the proper administration and enforcement of this Act. SECTION ____. TRANSITION. (a) The changes in law made by this Act apply only to a solicitation that takes place on or after the effective date of this Act. A solicitation that takes place before the effective date of this Act is governed by law in effect on the date of the solicitation, and the former law is continued in effect for that purpose. (b) A charitable organization engaging in telephone solicitation in this state on the effective date of this Act that is required to register under this Act shall file the organization's initial registration statement required under that section before January 1, 1998. (7) Renumber the sections of the bill accordingly.