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A BILL TO BE ENTITLED
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AN ACT
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relating to telephone solicitations for certain law |
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enforcement-related charitable organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 303, Business & Commerce |
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Code, as effective April 1, 2009, is amended by adding Sections |
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303.105-303.107 to read as follows: |
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Sec. 303.105. REQUIRED DISCLOSURES. A commercial telephone |
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solicitor may not make a telephone solicitation call unless the |
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solicitor makes the following disclosures during the call using |
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substantially the following language: |
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(1) "You will not receive any preferential treatment |
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by any law enforcement officer or organization if you make a |
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contribution"; and |
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(2) "It is a criminal act for any law enforcement |
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officer to provide you with preferential treatment because you have |
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made a contribution." |
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Sec. 303.106. RECORDING OF CALLS. A commercial telephone |
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solicitor shall: |
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(1) record each telephone solicitation call and retain |
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the recording until the 31st day after the date the call was |
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recorded; and |
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(2) allow the attorney general access to the recording |
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for review at the attorney general's discretion. |
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Sec. 303.107. USE OF MONEY FOR NONCHARITABLE PURPOSE. A law |
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enforcement-related charitable organization that uses any of the |
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money it receives through telephone solicitation for a |
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noncharitable purpose must ensure that any commercial telephone |
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solicitor that it retains to make telephone solicitations complies |
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with the Texas no-call list established under Subchapter B, Chapter |
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304. |
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SECTION 2. The changes in law made by this Act apply only to |
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a telephone solicitation made on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2009. |