By:  Madla                                                        S.B. No. 853
	(In the Senate - Filed March 4, 2003; March 10, 2003, read 
first time and referred to Committee on Jurisprudence; 
April 7, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 5, Nays 0; April 7, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 853                                    By:  Averitt


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 solely by mail or by telephone 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.                           



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