AN ACT

 1-1     relating to registration of and reporting by certain charitable

 1-2     organizations; providing penalties.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  SCOPE OF ACT.  The solicitation of contributions

 1-5     from persons in this state shall be considered to be engaging in

 1-6     telephone solicitation in Texas, regardless of where the

 1-7     solicitation originates.

 1-8           SECTION 2.  DEFINITIONS.  In this Act:

 1-9                 (1)  "Charitable organization" means a person, other

1-10     than a governmental law enforcement agency or organization, who

1-11     solicits contributions or funds and is or holds himself, herself,

1-12     or itself out to be established or operating for a charitable

1-13     purpose relating to law enforcement, including nongovernmental law

1-14     enforcement organizations, nongovernmental law enforcement

1-15     publications, and survivors of law enforcement officers who are

1-16     killed in the line of duty.

1-17                 (2)  "Commercial telephone solicitor" means a person

1-18     who is retained by a charitable organization to solicit

1-19     contributions or funds by telephone, whether done individually or

1-20     through another person under the direction of the commercial

1-21     telephone solicitor.  The term does not include a bona fide

1-22     employee, officer, director, or volunteer of a charitable

1-23     organization.

 2-1                 (3)  "Contribution" means the promise to give or the

 2-2     gift of money, credit, property, financial assistance, or other

 2-3     thing of any kind or value, except volunteer services.  The term

 2-4     does not include bona fide fees, dues, or assessments paid by

 2-5     members if membership is not conferred solely as consideration for

 2-6     making a contribution in response to a telephone solicitation.

 2-7                 (4)  "Knowingly" means with actual awareness, but

 2-8     actual awareness may be inferred if objective manifestations

 2-9     indicate that a person acted with actual awareness.

2-10                 (5)  "Person" means an individual, partnership,

2-11     corporation, association, or other legal entity.

2-12                 (6)  "Telephone solicitation" means the use of a

2-13     telephone to solicit another person to make a charitable

2-14     contribution to an organization.

2-15           SECTION 3.  REGISTER TO BE MAINTAINED.  (a)  The attorney

2-16     general shall establish and maintain a register of charitable

2-17     organizations subject to this Act.

2-18           (b)  All documents required to be filed with the attorney

2-19     general under this Act are public information and shall be

2-20     available to the public under the open records law, Chapter 552,

2-21     Government Code, except those documents that identify the donors of

2-22     a charitable organization, which information is confidential and is

2-23     not subject to disclosure.

2-24           SECTION 4.  REGISTRATION.  (a)  The attorney general shall

2-25     maintain a registry of charitable organizations that submit to the

 3-1     attorney general completed registration statements that contain:

 3-2                 (1)  the legal name and each assumed name, the mailing

 3-3     address and street address, and each telephone number and facsimile

 3-4     number of each office, chapter, local unit, branch, and affiliate

 3-5     of the charitable organization;

 3-6                 (2)  the employer identification number of the

 3-7     charitable organization;

 3-8                 (3)  the name, title, address, and telephone number of

 3-9     each officer, director, and executive director or other chief

3-10     operating officer of the charitable organization;

3-11                 (4)  the name of each officer, director, or employee

3-12     who is compensated by the charitable organization or who has

3-13     custody and control of funds of the charitable organization and who

3-14     has been convicted of or pleaded nolo contendere to a misdemeanor

3-15     involving fraud or the theft, misappropriation, misapplication, or

3-16     misuse of property of another, or any felony, including the offense

3-17     and the state, court, and date of each conviction or plea of nolo

3-18     contendere;

3-19                 (5)  the date the charitable organization was

3-20     incorporated and the state of incorporation or, if not

3-21     incorporated, the type of organization and the date established;

3-22     the day and month on which the organization's fiscal year ends; and

3-23     whether the organization is eligible to receive tax-deductible

3-24     contributions under Section 170, Internal Revenue Code of 1986 (26

3-25     U.S.C. Section 170);

 4-1                 (6)  a statement as to whether the organization has

 4-2     applied for or been granted tax exempt status by the Internal

 4-3     Revenue Service and, if so, the date of the application, the date

 4-4     the exemption was granted or denied, the Internal Revenue Code

 4-5     section on which the application was based, and a statement as to

 4-6     whether or when the tax exemption has ever been denied, revoked, or

 4-7     modified;

 4-8                 (7)  the date the organization began doing business in

 4-9     this state and the name and address of the organization's

4-10     registered agent in this state;

4-11                 (8)  a statement of the charitable organization's

4-12     charitable purposes and a list of the programs for which funds are

4-13     solicited;

4-14                 (9)  a statement that includes:

4-15                       (A)  the names, addresses, and telephone numbers

4-16     of the organization's accountants and auditors and the method of

4-17     accounting used;

4-18                       (B)  a statement that the charitable organization

4-19     has attempted in good faith to comply with all Texas county and

4-20     municipal ordinances regarding telephone solicitation that have

4-21     been filed with the attorney general or, if none apply, a statement

4-22     to that effect;

4-23                       (C)  for charitable organizations that engage the

4-24     services of commercial telephone solicitors, the name and address

4-25     of each commercial telephone solicitor engaged in the preceding 12

 5-1     months, as well as written confirmation from the commercial

 5-2     telephone solicitor that it has complied with all state and local

 5-3     registration laws;

 5-4                       (D)  the amount paid to commercial telephone

 5-5     solicitors during the preceding 12 months;

 5-6                       (E)  the total contributions received during the

 5-7     preceding 12 months; and

 5-8                       (F)  the total fund-raising costs during the

 5-9     preceding 12 months, computed pursuant to generally accepted

5-10     accounting principles;

5-11                 (10)  a copy of the charitable organization's most

5-12     recently filed Internal Revenue Service Form 990 and other federal

5-13     tax returns, including all supplements, amendments, and attachments

5-14     to those returns and requests for extensions to file those returns

5-15     or, if the charitable organization does not file federal tax

5-16     returns:

5-17                       (A)  a statement as to the reason none is filed;

5-18     and

5-19                       (B)  the charitable organization's most recent

5-20     financial statements, including audited financial statements, if

5-21     any have been prepared; and

5-22                 (11)  a sworn statement verifying that the information

5-23     contained in the registration statement and all attachments to the

5-24     statement are true, correct, and complete to the best of the

5-25     affiant's knowledge.

 6-1           (b)  A charitable organization shall file its initial

 6-2     registration statement before the 10th working day preceding the

 6-3     date on which the organization begins telephone solicitation in

 6-4     this state.

 6-5           (c)  Registration expires on the 15th day of the fifth month

 6-6     after the last day of a charitable organization's fiscal year.

 6-7     Renewal registration statements shall be filed on the same forms

 6-8     required for initial registration statements and must include the

 6-9     name and employer identification number of the charitable

6-10     organization and any changes to the information previously

6-11     submitted to the attorney general.  For items on which there is no

6-12     change from the previous year's registration statement, "no change"

6-13     may be indicated.

6-14           (d)  A filing fee not to exceed $50 must accompany the

6-15     initial registration statement.  A $50 filing fee must accompany

6-16     all renewal registration statements.

6-17           (e)  The registration statements shall be submitted on forms

6-18     prescribed or approved by the attorney general.

6-19           (f)  A volunteer that has been authorized to solicit on

6-20     behalf of a charitable organization is not required to register

6-21     under this Act.

6-22           SECTION 5.  BOND.  A commercial telephone solicitor shall

6-23     post a surety bond with the secretary of state in the amount of

6-24     $50,000 issued by a surety company authorized to do business in

6-25     this state.

 7-1           SECTION 6.  NOTIFICATION OF NONCOMPLIANCE.  (a)  A charitable

 7-2     organization that is not in compliance with this Act shall be

 7-3     notified of noncompliance by the attorney general by first class

 7-4     mail at the organization's last reported address.  Noncompliance

 7-5     includes failure to file any documents required by this Act or the

 7-6     filing of incomplete or inaccurate documents.

 7-7           (b)  A charitable organization violates this Act if the

 7-8     organization:

 7-9                 (1)  fails to file complete documents within 30 days

7-10     after the date the notice required by Subsection (a) of this

7-11     section has been mailed; or

7-12                 (2)  knowingly files materially inaccurate documents.

7-13           SECTION 7.  RECORDKEEPING; AUDIT POWERS OF ATTORNEY GENERAL.

7-14     (a)  Each charitable organization required to file a registration

7-15     statement shall keep true books and records as to its activities

7-16     within this state in a form to enable it to accurately provide the

7-17     information required by this Act.  The books and records shall be

7-18     retained for a period of at least three years after the end of the

7-19     period to which the registration statement relates.  All books and

7-20     records of a charitable organization shall be made available for

7-21     inspection and copying by authorized personnel of the attorney

7-22     general on written request by authorized personnel of the attorney

7-23     general.

7-24           (b)  A charitable organization shall make available the

7-25     information requested by authorized personnel of the attorney

 8-1     general at the organization's principal place of business within 10

 8-2     working days of the date of the request, or at a time and place as

 8-3     may be agreed.

 8-4           (c)  The authority established by this section is in addition

 8-5     to other statutory or common law audit or investigative authority

 8-6     of the attorney general.

 8-7           SECTION 8.  REGISTRATION DOES NOT IMPLY ENDORSEMENT.

 8-8     Registration under this Act does not imply endorsement by this

 8-9     state or the attorney general, and charitable organizations are

8-10     prohibited from stating or implying to the contrary.

8-11           SECTION 9.  REMEDIES.  (a)  The attorney general may

8-12     institute an action for failure to fully and accurately comply with

8-13     this Act and may obtain injunctive relief to restrain a person from

8-14     continuing a violation, cancellation or suspension of the

8-15     registration, an order restraining the person from doing business

8-16     in this state while violating this Act, a civil penalty of not more

8-17     than $25,000 per violation, or injunctive relief and a civil

8-18     penalty.  A person who violates an injunction issued under this

8-19     section is liable to the state for a civil penalty of not less than

8-20     $100,000.

8-21           (b)  The remedies authorized by this Act are not exclusive

8-22     but are in addition to any other procedure or remedy provided for

8-23     by other statutory or common law.

8-24           (c)  In any proceeding successfully prosecuted by the

8-25     attorney general under this Act, the court may allow the attorney

 9-1     general to recover civil penalties and the reasonable costs,

 9-2     expenses, and attorney's fees incurred in bringing the suit.

 9-3           SECTION 10.  DEDICATION OF FEES AND CIVIL PENALTIES.  In

 9-4     addition to other money, all fees assessed under this Act and all

 9-5     recovered expenses incurred in obtaining injunctive relief and

 9-6     administrative and civil penalties authorized by this Act are

 9-7     dedicated for use by the attorney general in enforcing and

 9-8     administering this Act.  Recovered expenses include investigative

 9-9     costs, witness fees, attorney's fees, and deposition expenses.

9-10           SECTION 11.  VENUE.  An action under this Act shall be

9-11     brought in a court of competent jurisdiction in Travis County, in

9-12     the county in which the charitable organization has its principal

9-13     place of business or has a fixed and established place of business

9-14     at the time the suit is brought, or in the county in which

9-15     solicitation occurred.

9-16           SECTION 12.  NOTICE TO CONTRIBUTORS; PROHIBITION.  (a)  If

9-17     less than 90 percent of the contributions or funds collected by a

9-18     charitable organization or commercial telephone solicitor are paid

9-19     by the charitable organization or commercial telephone solicitor to

9-20     a charitable organization, the commercial telephone solicitor shall

9-21     notify each person solicited by telephone, before accepting a

9-22     contribution or funds from the person, of the percentage of the

9-23     contributions or funds that will be paid to the organization for

9-24     which the contributions or funds are being solicited and the

9-25     percentage that will be retained by the solicitor.  This

 10-1    information shall also be included on any written statement mailed

 10-2    to the contributor.

 10-3          (b)  A charitable organization or commercial telephone

 10-4    solicitor may not make a telephone call to solicit contributions or

 10-5    funds unless the call is made after 9 a.m. and before 7 p.m.,

 10-6    Monday through Friday.

 10-7          SECTION 13.  PROHIBITED PRACTICES.  (a)  A person may not

 10-8    commit an unfair or deceptive act or practice in the conduct of

 10-9    solicitations for a charitable organization.

10-10          (b)  A person may not represent to a person solicited that a

10-11    contribution is to be used to benefit the survivors of a law

10-12    enforcement officer killed in the line of duty unless:

10-13                (1)  100 percent of the contributions collected are

10-14    used to benefit those survivors; or

10-15                (2)  the person solicited is informed in writing of the

10-16    exact percentage of the contribution that will directly benefit

10-17    those survivors.

10-18          SECTION 14.  RULES.  The attorney general may adopt rules,

10-19    procedures, and forms that are consistent with and necessary for

10-20    the proper administration and enforcement of this Act.

10-21          SECTION 15.  TRANSITION.  (a)  The changes in law made by

10-22    this Act apply only to a solicitation that takes place on or after

10-23    the effective date of this Act.  A solicitation that takes place

10-24    before the effective date of this Act is governed by the law in

10-25    effect on the date of the solicitation, and the former law is

 11-1    continued in effect for that purpose.

 11-2          (b)  A charitable organization engaging in telephone

 11-3    solicitation in this state on the effective date of this Act that

 11-4    is required to register under this Act shall file the

 11-5    organization's initial registration statement required under this

 11-6    Act before January 1, 1998.

 11-7          SECTION 16.  EFFECTIVE DATE.  This Act takes effect September

 11-8    1, 1997.

 11-9          SECTION 17.  EMERGENCY.  The importance of this legislation

11-10    and the crowded condition of the calendars in both houses create an

11-11    emergency and an imperative public necessity that the

11-12    constitutional rule requiring bills to be read on three several

11-13    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1581 passed the Senate on

         April 17, 1997, by a viva-voce vote; and that the Senate concurred

         in House amendments on May 28, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1581 passed the House, with

         amendments, on May 26, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor