2003S0363-1 02/24/03
By: Madla S.B. No. 853
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of certain information by persons
offering to aid homeowners in obtaining property tax refunds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 41.0051, Property Code,
is amended to read as follows:
Sec. 41.0051. DISCLAIMER AND DISCLOSURE REQUIRED.
SECTION 2. Section 41.0051, Property Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A person who solicits a homeowner to pay a fee for the
service of applying for a property tax refund from a tax appraisal
district or other governmental body on behalf of the homeowner
shall, before accepting money from the homeowner or signing a
contract with the homeowner for the person's services, disclose to
the homeowner the name of the tax appraisal district or other
governmental body that owes the homeowner a refund.
(c) A person's failure to provide a disclaimer on an
advertisement as required by Subsection (a) or to provide the
disclosure required by Subsection (b) is considered a false,
misleading, or deceptive act or practice for purposes of Section
17.46(a), Business & Commerce Code, and is subject to action by the
consumer protection division of the attorney general's office as
provided by Section 17.46(a), Business & Commerce Code.
SECTION 3. This Act takes effect September 1, 2003.