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A BILL TO BE ENTITLED
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AN ACT
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relating to free trial offers on consumer goods and services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 12, Business & Commerce Code, is amended by |
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adding Chapter 606 to read as follows: |
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CHAPTER 606. FREE TRIAL OFFERS OF CONSUMER GOODS OR SERVICES |
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Sec. 606.001. DEFINITION. In this chapter, "consumer" |
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means a person who obtains a good or service that is to be used |
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primarily for personal, family, or household purposes. |
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Sec. 606.002. REQUIREMENTS AND PROHIBITIONS RELATING TO |
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TRIAL OFFERS OF GOODS OR SERVICES. (a) This section applies only to |
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a person that offers a consumer free goods or services on a trial |
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basis and that, at the end of the free trial period, charges the |
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consumer a fee, including a periodic fee, for the goods or services. |
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(b) A person to whom this section applies must send to a |
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consumer who accepts the goods or services a form that the consumer |
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may use to indicate the consumer's agreement to pay the fee after |
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the end of the free trial period. |
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(c) A person to whom this section applies may not charge a |
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fee for the goods or services after the end of the free trial period |
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if the person does not receive a signed form from the consumer in |
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which the consumer agrees to pay the fee after the end of the free |
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trial period. |
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(d) A violation of this section is a deceptive trade |
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practice in addition to the practices described by Subchapter E, |
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Chapter 17, and is actionable under that subchapter. |
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SECTION 2. Chapter 606, Business & Commerce Code, as added |
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by this Act, applies only to an offer to provide goods and services |
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that is made on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |