77R13879 CAS-D By Moncrief, et al. S.B. No. 141 Substitute the following for S.B. No. 141: By Brimer C.S.S.B. No. 141 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to requiring disclaimers on certain advertisements that 1-3 offer homestead designation services. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 41, Property Code, is 1-6 amended by adding Section 41.0051 to read as follows: 1-7 Sec. 41.0051. DISCLAIMER REQUIRED. (a) A person may not 1-8 deliver a written advertisement offering, for a fee, to designate 1-9 property as a homestead as provided by Section 41.005 unless there 1-10 is a disclaimer on the advertisement that is conspicuous and 1-11 printed in 14-point boldface type or 14-point uppercase typewritten 1-12 letters that makes the following statement or a substantially 1-13 similar statement: 1-14 THIS DOCUMENT IS AN ADVERTISEMENT OF SERVICES. IT IS NOT 1-15 AN OFFICIAL DOCUMENT OF THE STATE OF TEXAS. 1-16 (b) A person's failure to provide a disclaimer on an 1-17 advertisement as required by Subsection (a) is considered a false, 1-18 misleading, or deceptive act or practice for purposes of Section 1-19 17.46(a), Business & Commerce Code, and is subject to action by the 1-20 consumer protection division of the attorney general's office as 1-21 provided by Section 17.46(a), Business & Commerce Code. 1-22 SECTION 2. This Act takes effect September 1, 2001.