Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Coleman H.B. No. 2772
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
1-24 through public awareness and donor education.
2-1 Sec. 125.003. DEFINITIONS. In this chapter and for purposes
2-2 of this chapter only:
2-3 (a) "Charitable organization" means
2-4 (1) a person who is exempt or has applied for
2-5 exemption from federal income tax under Section 501(c)(3) of the
2-6 Internal Revenue Code of 1986; or
2-7 (2) a person who solicits contributions and is exempt
2-8 or has applied for exemption from federal income tax under Sections
2-9 501(c)(4) or 501(c)(10) of the Internal Revenue Code of 1986; or
2-10 (3) any other person who solicits contributions and is
2-11 or holds himself, herself, or itself out to be established or
2-12 operating for a charitable purpose, except for commercial
2-13 coventurers and volunteers that have been authorized to solicit on
2-14 behalf of a charitable organization which has registered in
2-15 accordance with the provisions of this Act.
2-16 (b) "Charitable purpose" means (1) any purpose described in
2-17 Section 501(c)(3) of the Internal Revenue Code of 1986; or (2) the
2-18 provision of assistance to needy individuals.
2-19 (c) "Commercial Solicitor" means any person who is retained
2-20 by a charitable organization to solicit contributions, whether such
2-21 solicitation is done individually or through other persons under
2-22 the direction of the commercial solicitor. No fundraising counsel
2-23 shall be deemed a commercial solicitor. No bona fide employee,
2-24 officer, director, or volunteer of a charitable organization shall
2-25 be deemed to be a commercial solicitor. No person who advises
2-26 another person to make a charitable contribution shall be deemed,
2-27 as the result of such advice, to be a commercial solicitor.
2-28 (d) "Contribution" means the promise to give or gift of
2-29 money, credit, property, financial assistance, or other thing of
2-30 any kind or value, except for volunteer services. It does not
3-1 include bona fide fees, dues or assessments paid by members,
3-2 provided that membership is not conferred solely as consideration
3-3 for making a contribution in response to a solicitation.
3-4 (e) "Person" means an individual, partnership, corporation,
3-5 association, or other entity, however organized.
3-6 (f) "Solicit" and "solicitation" mean:
3-7 (1) The direct or indirect request for a contribution
3-8 on the plea or representation that the contribution, or any portion
3-9 thereof, will be used for a charitable purpose or to benefit a
3-10 charitable organization. A solicitation shall be deemed to have
3-11 taken place whether or not the person making the solicitation
3-12 receives any contribution. Without limiting the scope of the
3-13 foregoing, these words shall include the following method of
3-14 requesting contributions:
3-15 (A) any oral or written request;
3-16 (B) publicizing a request in newspapers, on the
3-17 radio or television, or by any telecommunications device or other
3-18 manner of transmitting information to the public;
3-19 (C) the distribution, circulation, posting or
3-20 publishing of any handbill, written advertisement or other
3-21 publications;
3-22 (D) offering for sale any advertisement, book,
3-23 card, coupon, ticket, membership, merchandise, subscription,
3-24 flower, candy or other tangible item if any appeal is made for any
3-25 charitable organization or charitable purpose, or if the name of
3-26 any charitable organization is used or referred to in the appeal as
3-27 an inducement or reason for making the sale, or where any statement
3-28 is made that the whole or any part of the proceeds from the sale
3-29 will be used for any charitable purpose or to benefit any
3-30 charitable organization; or
4-1 (E) the use or employment of canisters, cards,
4-2 receptacles or similar devices for the collection of money or other
4-3 things of value in connection with which any appeal is made for any
4-4 charitable organization or charitable purpose.
4-5 (2) The words "solicit" and "solicitation" shall not
4-6 include a request for contributions by a charitable organization
4-7 made solely to its current and former trustees, officers,
4-8 directors, members, employees, students, advisory boards or
4-9 volunteers.
4-10 (g) "Knowingly" means with actual awareness, but actual
4-11 awareness may be inferred where object manifestations indicate that
4-12 a person acted with actual awareness.
4-13 (h) "Commercial coventurer" means any person who for profit
4-14 regularly and primarily is engaged in trade or commerce other than
4-15 in connection with soliciting for charitable organizations or
4-16 charitable purposes and who conducts a charitable sales promotion.
4-17 (i) "Charitable sales promotion" means any advertising or
4-18 sale conducted by a person who represents that the purchase or use
4-19 of goods or services offered by the person will benefit, in whole
4-20 or in part, any charitable organization or charitable purpose. The
4-21 provision of advertising services to a charitable organization,
4-22 either for compensation or as a donation, does not of itself
4-23 constitute a charitable sales promotion.
4-24 (j) "Fundraising counsel" means any person who for
4-25 compensation consults with a charitable organization or who plans,
4-26 manages, advises or assists with respect to the solicitation of
4-27 contributions for or on behalf of a charitable organization, but
4-28 who does not have custody and control over contributions or other
4-29 receipts from a solicitation or authority to pay expenses
4-30 associated with a solicitation and who does not solicit or employ,
5-1 procure or engage any compensated person to solicit contributions.
5-2 A bona fide officer, volunteer, or employee of a charitable
5-3 organization shall not be deemed a fundraising counsel.
5-4 Sec. 125.004. REGISTER TO BE MAINTAINED. (a) The attorney
5-5 general shall establish and maintain a register of commercial
5-6 solicitors subject to this chapter.
5-7 (b) Except as otherwise provided herein, all documents
5-8 required to be filed with the attorney general under this chapter
5-9 shall be public information and shall be available to the public
5-10 pursuant to the Open Records Act, Chapter 552, Government Code,
5-11 except those documents which identify the donors of a charitable
5-12 organization, which information is confidential and shall not be
5-13 subject to disclosure.
5-14 Sec. 125.005. REGISTRATION. (a) No commercial solicitor
5-15 may solicit contributions in Texas unless the commercial solicitor
5-16 has fully complied with the requirements of this chapter
5-17 (b) By January 1, 1996 for commercial solicitors doing
5-18 business in Texas on the effective date of this Act, or at least 10
5-19 working days before beginning new solicitations in Texas after the
5-20 effective date of this Act, a commercial solicitor shall do all of
5-21 the following:
5-22 (1) submit to the attorney general a completed
5-23 registration statement, on a form prescribed or approved by the
5-24 attorney general, that contains all of the following:
5-25 (A) the legal name and any other names used by
5-26 the commercial solicitor, and its federal employer identification
5-27 number or social security number;
5-28 (B) the street address(es), mailing address(es),
5-29 telephone number(s) and facsimile number(s) for all offices of the
5-30 commercial solicitor;
6-1 (C) the date and state of incorporation of the
6-2 commercial solicitor, or, if the commercial solicitor is not
6-3 incorporated, the type of organization it is, the state in which it
6-4 was formed and date it was formed;
6-5 (D) a list of charitable organizations for which
6-6 solicitation is planned or ongoing for the year of registration,
6-7 providing their legal names and any other names they use,
6-8 address(es), and telephone number(s);
6-9 (E) a statement as to whether the commercial
6-10 solicitor or any of its directors, officers, agents, or employees
6-11 has been enjoined by a government agency or court from soliciting,
6-12 has had its registration denied or revoked, has been the subject of
6-13 any court or administrative proceeding regarding any solicitation
6-14 or registration, and/or entered into a voluntary agreement of
6-15 compliance. The statement shall include a description of each
6-16 proceeding, the state in which the proceeding occurred, the name of
6-17 the agency or court that presided over the proceeding, the date of
6-18 the proceeding, and the ultimate outcome of the proceeding;
6-19 (F) a list of all agencies and states where the
6-20 commercial solicitor is registered or has been registered,
6-21 including dates of registration, registration numbers, any other
6-22 names under which the commercial solicitor was or is registered and
6-23 the dates and types of solicitation conducted in each such state
6-24 during the past year;
6-25 (G) a statement that the commercial solicitor
6-26 has complied with all applicable Texas county and municipal
6-27 ordinances regarding solicitation, or, if none apply, a statement
6-28 to that effect;
6-29 (H) the names, street addresses, and telephone
6-30 numbers of the owners, officers, directors, and chief operating
7-1 officers of the commercial solicitor;
7-2 (I) a statement as to whether any owner,
7-3 officer, director, or employee has ever been convicted of or
7-4 pleaded nolo contendere to a misdemeanor involving fraud or the
7-5 theft, misappropriation, misapplication, or misuse of property of
7-6 another, or of any felony, including the offense and the state,
7-7 court, and date of each conviction or plea of nolo contendere;
7-8 (J) the names of all individuals responsible for
7-9 custody or control of funds, distribution of funds, custody of
7-10 records, or authorized to sign checks and/or to make withdrawals;
7-11 (K) a statement that the charitable
7-12 organization(s) for which it is soliciting contributions is
7-13 registered pursuant to Chapter 124, Property Code; and
7-14 (L) a sworn statement by the commercial
7-15 solicitor or an owner, officer or director of the commercial
7-16 solicitor that the information included in the registration
7-17 statement is true, correct, and complete.
7-18 (2) File with the attorney general a bond that meets
7-19 the requirements of Sec. 125.006.
7-20 (3) Pay to the attorney general a $250 registration
7-21 fee.
7-22 (4) Comply with the provisions of Sec. 125.007.
7-23 (c) Registration statements expire one year from the date of
7-24 filing. Renewal registration statements shall be submitted to the
7-25 attorney general on the same forms required for initial
7-26 registration statements on or before the expiration date. In order
7-27 to renew registration, commercial solicitors shall include:
7-28 (1) any changes in the registration statement
7-29 previously provided to the attorney general or a statement that
7-30 there are no changes for the items on which there are no changes
8-1 from the prior year;
8-2 (2) a $250 renewal fee; and
8-3 (3) evidence satisfactory to the attorney general that
8-4 the commercial solicitor maintains a bond that meets the
8-5 requirements of Sec. 125.006.
8-6 (d) Commercial solicitors that are not in compliance with
8-7 the provisions of this chapter shall be notified of noncompliance
8-8 by the attorney general by first class mail at the commercial
8-9 solicitor's last reported address. Noncompliance shall include
8-10 failure to file any documents required by this chapter or the
8-11 filing of incomplete or inaccurate documents. A commercial
8-12 solicitor shall be deemed to be in violation of this chapter if it
8-13 fails to correct any deficiency in the registration statement, bond
8-14 or fee within thirty days of the date the notice of deficiency is
8-15 mailed, or if it knowingly files inaccurate documents.
8-16 Sec. 125.006. BOND. At the time of filing a registration
8-17 statement, a commercial solicitor shall file with the attorney
8-18 general a bond in which the commercial solicitor is the principal
8-19 obligor, in the sum $25,000, with one or more responsible sureties
8-20 whose liability in the aggregate as sureties at least equals that
8-21 sum. The commercial solicitor shall maintain the bond as long as
8-22 the registration is in effect. The bond, which may be in the form
8-23 of a rider to a larger blanket liability bond, shall run to the
8-24 state and to any person who may have a cause of action against the
8-25 commercial solicitor for any liabilities arising out of a violation
8-26 of this chapter or the rules promulgated under this chapter.
8-27 Sec. 125.007. SOLICITATION NOTICE. At least ten working
8-28 days before soliciting on behalf of a charitable organization, a
8-29 commercial solicitor shall file with the attorney general the
8-30 written contract required by Sec. 125.008, a filing fee of $50.00
9-1 and a completed solicitation notice, on a form prescribed or
9-2 approved by the attorney general, that includes all of the
9-3 following information that is not explicitly included in the
9-4 written contract:
9-5 (a) the estimated amount and method of calculation of
9-6 compensation and expenses to be paid to or by the commercial
9-7 solicitor under the contract described in Sec. 125.008;
9-8 (b) the type(s) of solicitation to be conducted and the
9-9 projected period during which the solicitation will take place;
9-10 (c) the street address(es) and telephone number(s) from
9-11 which the solicitation will be conducted;
9-12 (d) the name and street address of each person responsible
9-13 for supervising the services provided by the commercial solicitor
9-14 under the contract described in Sec. 125.008;
9-15 (e) a statement as to whether the commercial solicitor will
9-16 at any time have custody or control of contributions, and if not,
9-17 a statement identifying by name and street address, the person who
9-18 will have custody or control of contributions;
9-19 (f) a complete description of the charitable purpose or
9-20 purposes for which solicitations will be made;
9-21 (g) a statement as to whether any officer, director,
9-22 partner, employee, or owner of more than 10% of the commercial
9-23 solicitor, or a relative of any of them, has in any way been
9-24 affiliated with or in control of the charitable organization which
9-25 is the subject of the solicitation, directly or indirectly;
9-26 (h) a statement as to whether any officer, director,
9-27 trustee, member, or employee of the charitable organization which
9-28 is the subject of the solicitation, or a relative of any of them,
9-29 has in any way been affiliated with or in control of the
9-30 commercial solicitor, directly or indirectly;
10-1 (i) a sworn statement by an owner, officer or director of
10-2 the commercial solicitor that the information included in the
10-3 solicitation notice is true, correct and complete; and
10-4 (j) written confirmation from the charitable organization on
10-5 whose behalf the commercial solicitor is acting that the
10-6 information contained in the solicitation notice is true, correct
10-7 and complete to the best of organization's knowledge.
10-8 Sec. 125.008. CONTRACT. A commercial solicitor shall enter
10-9 into a written contract with every charitable organization for
10-10 which it solicits that states the respective obligations of the
10-11 commercial solicitor and the charitable organization. The contract
10-12 shall state the amount of the compensation that the commercial
10-13 solicitor will receive. The compensation shall be expressed either
10-14 as (a) a fixed percentage of the gross revenue, (b) an hourly or
10-15 other fee based on specific services to be provided or (c) a dollar
10-16 amount. Any expenses to be paid by the charitable organization
10-17 shall be set forth in the contract.
10-18 Sec. 125.009. REPORTING CHANGES. Within ten days after any
10-19 material change occurs in any solicitation notice or contract filed
10-20 with the attorney general under Section 125.007, the commercial
10-21 solicitor shall report the change, in writing, to the attorney
10-22 general.
10-23 Sec. 125.010. FINANCIAL REPORT. Within 90 days after
10-24 completing services under a contract described in Sec. 125.008 and
10-25 within 90 days after the close of the commercial solicitor's fiscal
10-26 year for any contract described under Sec. 125.008 which is in
10-27 effect more than one year, the commercial solicitor shall account
10-28 in writing to the charitable organization for all contributions
10-29 received by the commercial solicitor and details regarding all
10-30 compensation and expenses charged by the commercial solicitor to
11-1 the charitable organization under the contract, and shall file such
11-2 accounting with the attorney general.
11-3 Sec. 125.011. DEPOSITING CONTRIBUTIONS. A commercial
11-4 solicitor shall deposit all monetary contributions it receives on
11-5 behalf of a charitable organization in an account at a financial
11-6 institution within five days after receipt. The charitable
11-7 organization shall have sole control of all withdrawals from the
11-8 account.
11-9 Sec. 125.012. RECORD KEEPING. During the period in which a
11-10 contract described in Sec. 125.008, is in effect and for not less
11-11 than three years after its completion, a commercial solicitor shall
11-12 keep and retain true books and records as to its activities within
11-13 the state in such form as will enable it to accurately provide the
11-14 information required by this chapter, including, but not limited to
11-15 the following records:
11-16 (a) the date and amount of the contribution and, if known,
11-17 the name and address of each person contributing;
11-18 (b) the name and street address of each employee or agent
11-19 involved in the solicitation;
11-20 (c) a record of all contributions that are at any time in
11-21 the custody or control of the commercial solicitor;
11-22 (d) a record of all expenses incurred by the commercial
11-23 solicitor that the charitable organization is required to pay or
11-24 the commercial solicitor pays on behalf of the charitable
11-25 organization; and
11-26 (e) a record of the location and account number of each
11-27 financial institution account in which the commercial solicitor
11-28 deposits contributions.
11-29 Sec. 125.013. PROHIBITED SOLICITATIONS. (a) No person
11-30 shall solicit contributions on behalf of a charitable organization
12-1 without prior written consent from the charitable organization.
12-2 (b) A charitable organization and/or the attorney general
12-3 may institute an action against any person who solicits
12-4 contributions in violation of this section unless this right is
12-5 waived in writing by the charitable organization after the
12-6 violation occurs.
12-7 (c) Commercial solicitors and those employed or engaged to
12-8 solicit by or for them shall disclose their status as paid
12-9 solicitors in all oral and written solicitations. No commercial
12-10 solicitor or person employed or engaged to solicit by or for them
12-11 shall solicit on behalf of a charitable organization without making
12-12 such disclosure.
12-13 (d) The remedy established in this section is in addition to
12-14 and does not limit any other statutory or common law remedies
12-15 available to the attorney general.
12-16 Sec. 125.014. COMMERCIAL SOLICITORS DEEMED TO BE ACTING IN A
12-17 FIDUCIARY CAPACITY. Every commercial solicitor and every person
12-18 employed or engaged by or for a commercial solicitor to solicit
12-19 contributions shall be deemed to be acting in a fiduciary capacity
12-20 with respect to contributions they solicit.
12-21 Sec. 125.015. COMMERCIAL COVENTURERS. Prior to the
12-22 commencement of any charitable sales promotion in this state
12-23 conducted by a commercial coventurer, the commercial coventurer
12-24 shall obtain the written consent of the charitable organization(s)
12-25 whose name(s) will be used during the charitable sales promotion.
12-26 Sec. 125.016. AUDIT POWERS OF THE ATTORNEY GENERAL. (a)
12-27 The commercial solicitor shall make all records described in Sec.
12-28 125.012 available for inspection and copying by authorized
12-29 personnel of the attorney general upon written request.
12-30 (b) The information provided to authorized personnel of the
13-1 attorney general under subsection (a), Sec. 125.012 which
13-2 identifies the donors of a charitable organization is confidential
13-3 and shall not be disclosed to any person other than authorized
13-4 employees of the attorney general, and other law enforcement
13-5 entities to the extent necessary for investigative or law
13-6 enforcement purposes, or others the attorney general deems
13-7 necessary in the enforcement of this chapter. Any material which
13-8 contains information deemed confidential by law shall not be
13-9 disclosed to persons other than authorized personnel of the
13-10 attorney general or other law enforcement entities except upon the
13-11 agreement of the person who furnished the material or with the
13-12 approval of a court after adequate notice to the person who
13-13 furnished the material.
13-14 (c) A commercial solicitor shall make available the
13-15 information requested by authorized personnel of the attorney
13-16 general at the commercial solicitor's principal place of business
13-17 within ten working days of the date of the request, or at such
13-18 other time and place as may be agreed.
13-19 (d) The authority established in this section is in addition
13-20 to and does not limit any other statutory or common law audit or
13-21 investigative authority of the attorney general.
13-22 Sec. 125.017. USE OF FEES. All fees collected by the
13-23 attorney general under this chapter are appropriated to the
13-24 attorney general during the biennium of receipt to administer the
13-25 provisions of this chapter, to enforce this chapter, and to educate
13-26 the public about this chapter and charitable solicitations
13-27 generally.
13-28 Sec. 125.018. TOLL-FREE TELEPHONE LINE. The attorney
13-29 general shall establish and operate a toll-free telephone line.
13-30 The public may telephone the toll-free number to:
14-1 (a) obtain information concerning a commercial solicitor
14-2 that has registered pursuant to this chapter; or
14-3 (b) report an alleged violation of this chapter.
14-4 Sec. 125.019. REGISTRATION DOES NOT IMPLY ENDORSEMENT. (a)
14-5 Registration pursuant to this chapter does not imply endorsement by
14-6 the state or the attorney general, and commercial solicitors shall
14-7 be prohibited from stating or implying to the contrary.
14-8 (b) Any printed solicitation, written confirmation, receipt
14-9 or written reminder of a contribution issued by a commercial
14-10 solicitor concerning a solicitation or contribution solicited by a
14-11 commercial solicitor which is registered pursuant to this chapter
14-12 shall contain the following statement:
14-13 INFORMATION CONCERNING THIS CHARITABLE SOLICITATION MAY BE OBTAINED
14-14 FROM THE ATTORNEY GENERAL OF THE STATE OF TEXAS BY CALLING
14-15 ( ). REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY
14-16 ENDORSEMENT.
14-17 (c) The statement required by subsection (b) of this section
14-18 must be conspicuously printed in all capital letters, at least as
14-19 large as the standard size of the text in the body of the written
14-20 communication
14-21 Sec. 125.020. REMEDIES. (a) The attorney general may
14-22 institute an action for failure to fully and accurately comply with
14-23 any provision of this statute, and may obtain injunctive relief to
14-24 restrain the person from continuing the violation or violations,
14-25 cancellation or suspension of the registration, an order
14-26 restraining the person from doing business in this state while
14-27 violating this chapter, and/or civil penalties of not more than
14-28 $25,000 per violation. A person who violates an injunction issued
14-29 under this section is liable to the state for a civil penalty of
14-30 not less than $100,000.
15-1 (b) Suit may be brought against a bond filed under this
15-2 chapter.
15-3 (c) The remedies authorized by this chapter are not
15-4 exclusive, but are in addition to any other procedure or remedies
15-5 provided for by any other statutory or common law.
15-6 (d) In any proceeding successfully prosecuted by the
15-7 attorney general under this chapter, the court may allow the
15-8 attorney general to recover civil penalties and the reasonable
15-9 costs, expenses and attorney's fees incurred in bringing the suit.
15-10 Sec. 125.021. APPROPRIATION OF FEES AND CIVIL PENALTIES. In
15-11 addition to moneys appropriated elsewhere, the attorney general is
15-12 hereby appropriated all fees assessed pursuant to and all recovered
15-13 expenses incurred in obtaining injunctive relief, administrative
15-14 and/or civil penalties authorized by Chapter 125, Property Code.
15-15 Recovered expenses include, but are not limited to, investigative
15-16 costs, witness fees, attorneys' fees, and deposition expenses.
15-17 Moneys hereby appropriated may be expended only for purposes of
15-18 enforcing and administering the provisions of Chapter 125, Property
15-19 Code and may not be appropriated for any other purpose.
15-20 Sec. 125.022. SERVICE ON THE SECRETARY OF STATE. (a) The
15-21 secretary of state is an agent for service of process or complaint
15-22 on a commercial solicitor which:
15-23 (1) is required by statute to designate or maintain a
15-24 resident agent but has not designated or maintained a resident
15-25 agent for service of process;
15-26 (2) has one or more resident agents for service of
15-27 process, but two unsuccessful attempts have been made on different
15-28 business days to serve each agent; or
15-29 (3) is not required to designate an agent for service
15-30 in this state.
16-1 (b) Service on the secretary of state may be made by
16-2 certified mail, return receipt requested, by the clerk of the court
16-3 in which the case is pending, by the party or representative of the
16-4 party or by any other method authorized by statute or the Texas
16-5 Rules of Civil Procedure for service on the secretary of state.
16-6 (c) If the secretary of state is served with process for a
16-7 commercial solicitor, he shall require a statement of the name and
16-8 last known address of the commercial solicitor's home or office and
16-9 shall immediately mail a copy of the process to the commercial
16-10 solicitor by registered mail or by certified mail, return receipt
16-11 requested.
16-12 Sec. 125.023. VENUE. In any proceeding under this chapter,
16-13 venue shall be in a court of competent jurisdiction in Travis
16-14 County, or in the county in which the commercial solicitor has its
16-15 principal place of business, or has a fixed or established place of
16-16 business at the time the suit is brought, or in the county in which
16-17 solicitation occurred.
16-18 Sec. 125.024. RULES. The attorney general may prescribe any
16-19 rules, procedures and forms which are consistent with and necessary
16-20 for the proper administration and enforcement of this chapter.
16-21 SECTION 2. The changes in law made by this Act apply only to
16-22 a solicitation that takes place on or after the effective date of
16-23 this Act. A solicitation that takes place before the effective
16-24 date of this Act is governed by the law in effect on the date of
16-25 the solicitation, and the former law is continued for this purpose.
16-26 SECTION 3. This Act takes effect September 1, 1997.
16-27 SECTION 4. SEVERABILITY. If any section, sentence, clause,
16-28 or part of this Act shall, for any reason, be held invalid, such
16-29 invalidity shall not affect the remaining portions of the Act and
16-30 it is hereby declared to be the intention of this legislature to
17-1 have passed each section, sentence, clause, or part irrespective of
17-2 the fact that any other section, sentence, clause, or part may be
17-3 declared invalid.
17-4 SECTION 5. EMERGENCY. The importance of this legislation
17-5 and the crowded condition of the calendars in both houses create an
17-6 emergency and an imperative public necessity that the
17-7 constitutional rule requiring bills to be read on three separate
17-8 days in each house be suspended, and this rule is hereby suspended.