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A BILL TO BE ENTITLED
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AN ACT
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relating to inclusion on certain advertising documents of the |
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license or certificate of registration number of certain |
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individuals regulated by this state who solicit business in |
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consumers' homes; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Occupations Code, is amended by adding |
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Chapter 60 to read as follows: |
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CHAPTER 60. GENERAL LICENSING AND REGISTRATION REQUIREMENTS |
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Sec. 60.001. SOLICITATION AT CONSUMER'S HOME. (a) In this |
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section, "solicit business" means to advertise an individual's |
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business practice, for which the individual is required to hold a |
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license or certificate of registration issued by a state regulatory |
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agency, to a consumer at the consumer's home, in person, over a |
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telephone, through a salesperson, or through a written |
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communication mailed, e-mailed, or otherwise delivered, for the |
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purpose of closing a sale or entering into a service agreement or |
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service contract with the consumer in the home. |
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(b) A state regulatory agency that determines that the |
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individuals licensed or registered by the agency solicit business |
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in consumers' homes as a regular business practice shall adopt |
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rules requiring each individual licensed or registered by the |
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agency to prominently display the individual's license or |
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certificate of registration number on any document, advertisement, |
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business card, or logo provided by the individual to a consumer as |
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part of an effort to solicit business from the consumer. |
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(c) An individual who holds a license or certificate of |
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registration issued by a state regulatory agency that adopts rules |
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under Subsection (b) shall prominently display the individual's |
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license or certificate number on any document, advertisement, |
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business card, or logo provided by the individual to a consumer as |
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part of an effort to solicit business from the consumer. |
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Sec. 60.002. EXEMPTION. This chapter does not apply to: |
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(1) an individual employed by or acting on behalf of an |
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entity that holds a license or certificate of registration issued |
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by the Public Utility Commission of Texas; or |
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(2) an entity controlling, controlled by, or under the |
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same common control as an entity that holds a license or certificate |
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of registration issued by the Public Utility Commission of Texas. |
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Sec. 60.003. CIVIL PENALTY. (a) An individual is liable to |
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this state for a civil penalty of not more than $1,000 for each |
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violation if the individual: |
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(1) violates Section 60.001 or a rule adopted by a |
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state regulatory agency to enforce that section; |
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(2) represents that an expired license or certificate |
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of registration issued by a state regulatory agency is valid; or |
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(3) displays a counterfeit license or certificate of |
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registration or uses a counterfeit license or certificate number in |
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any document provided to the public. |
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(b) The amount of the penalty shall be based on: |
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(1) the seriousness of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(c) The attorney general may sue to collect a civil penalty |
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under this section. In the suit the attorney general may recover, |
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on behalf of the state, the reasonable expenses incurred in |
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obtaining the penalty, including investigation and court costs, |
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reasonable attorney's fees, witness fees, and other expenses. |
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SECTION 2. Not later than December 1, 2009, a state |
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regulatory agency or the governing body of a state regulatory |
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agency, as appropriate, to which Chapter 60, Occupations Code, as |
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added by this Act, applies shall adopt the rules necessary to |
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implement that chapter. |
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SECTION 3. Notwithstanding Chapter 60, Occupations Code, as |
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added by this Act, an individual subject to that chapter is not |
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required to include the individual's license or certificate number |
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on documents provided to the public before January 1, 2010. |
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SECTION 4. This Act takes effect September 1, 2009. |