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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of immigration assistance services; |
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providing civil and criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Business & Commerce Code, is amended by |
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adding Chapter 59 to read as follows: |
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CHAPTER 59. REGULATION OF IMMIGRATION ASSISTANCE SERVICES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 59.001. SHORT TITLE. This chapter may be cited as the |
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Immigration Assistance Services Act. |
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Sec. 59.002. DEFINITIONS. In this chapter: |
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(1) "Compensation" means money, property, services, a |
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promise of payment, or another thing of value. |
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(2) "Employed by" means that: |
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(A) a person is on the payroll of an employer and |
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the employer deducts from the person's paycheck social security and |
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withholding taxes; or |
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(B) a person receives compensation from an |
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employer on a commission basis or as an independent contractor. |
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(3) "Immigration assistance service" means any |
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service related to an immigration matter provided or offered to a |
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customer or prospective customer for compensation. |
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(4) "Immigration matter" means any proceeding, |
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filing, or action affecting the nonimmigrant, immigrant, or |
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citizenship status of a person that arises under: |
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(A) immigration and naturalization law, |
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executive order, or presidential proclamation of the United States |
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or any foreign country; or |
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(B) an action of the United States Department of |
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Labor, United States Department of State, United States Department |
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of Homeland Security, or United States Department of Justice. |
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Sec. 59.003. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to: |
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(1) an attorney licensed to practice law and in good |
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standing in: |
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(A) this state; or |
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(B) another state of the United States or a |
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foreign country, if the attorney is acting with the approval of a |
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judge having jurisdiction over the matter; |
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(2) a legal intern, clerk, paralegal, or person in a |
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similar position: |
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(A) employed by and under the direct supervision |
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of a licensed attorney who meets the requirements of Subdivision |
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(1); and |
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(B) providing immigration assistance services in |
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the course of employment; |
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(3) a nonprofit organization recognized by the Board |
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of Immigration Appeals under 8 C.F.R. Section 292.2(a) or an |
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employee of an organization accredited under 8 C.F.R. Section |
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292.2(d); or |
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(4) an organization that employs or desires to employ |
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an immigrant, if the organization or the organization's employees |
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or agents provide advice or assistance in immigration matters to |
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immigrant employees or potential employees, and the advice or |
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assistance is provided without compensation from the individual who |
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receives the advice or assistance. |
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Sec. 59.004. EFFECT ON FEDERAL LAW. Nothing in this chapter |
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may be construed to impose a regulation that is prohibited or |
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preempted by federal law. |
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SUBCHAPTER B. IMMIGRATION ASSISTANCE SERVICES |
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Sec. 59.051. IMMIGRATION ASSISTANCE SERVICES A PERSON MAY |
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PROVIDE. A person who provides immigration assistance services may |
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only: |
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(1) complete a government agency form that is |
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requested by the customer and appropriate to the customer's needs, |
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if the completion of the form does not involve a legal judgment; |
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(2) transcribe a response to a government agency form |
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that is related to an immigration matter; |
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(3) translate information on a form to a customer and |
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translate the customer's answers to questions asked on the form; |
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(4) obtain for the customer supporting documents |
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currently in existence, including a birth or marriage certificate, |
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that may be needed for submission with a government agency form; |
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(5) translate a document from a foreign language into |
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English; |
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(6) notarize a signature on a government agency form, |
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if the person performing the service is a notary public: |
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(A) commissioned in this state; and |
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(B) lawfully present in the United States; |
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(7) make a referral, without a fee, to an attorney |
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authorized to undertake legal representation for a person in an |
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immigration matter; |
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(8) prepare or arrange for the preparation of |
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photographs and fingerprints; |
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(9) arrange for the performance of medical testing, |
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including x-rays and AIDS tests, and obtain reports of the test |
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results; |
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(10) conduct English language and civics courses; and |
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(11) perform any other service that the secretary of |
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state determines by rule may be appropriately performed by the |
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person in accordance with the purposes of this chapter. |
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Sec. 59.052. PROHIBITED SERVICES. (a) A person who |
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provides immigration assistance services may not: |
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(1) provide legal advice, recommend a specific course |
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of legal action, or provide any other assistance that requires |
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legal analysis, legal judgment, or interpretation of the law; |
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(2) refuse to return documents supplied by, prepared |
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on behalf of, or paid for by the customer if the customer requests |
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the return of the documents, regardless of whether there is a fee |
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dispute between the person and the customer; |
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(3) represent or advertise that the person is a |
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"notary public" or "immigration consultant" or use any other title |
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or credential that would cause a reasonable customer to believe |
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that the person possesses special professional skills or is |
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authorized to provide advice on an immigration matter; |
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(4) make a misrepresentation or false statement, |
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directly or indirectly, to influence, persuade, or induce |
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patronage; or |
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(5) advise a customer as to the customer's answers on a |
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government agency form related to an immigration matter. |
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(b) Notwithstanding Subsection (a)(3), a certified notary |
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public may use the term "notary public" if the use is accompanied by |
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a statement that the person is not an attorney. |
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Sec. 59.053. REGISTRATION OF PROVIDERS REQUIRED. (a) A |
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person who provides immigration assistance services shall register |
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with the secretary of state. |
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(b) The secretary of state shall adopt: |
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(1) a registration form to implement this section; and |
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(2) rules to administer this section. |
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Sec. 59.054. BOND REQUIRED. A person who provides |
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immigration assistance services shall maintain a corporate surety |
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bond or other security acceptable to the secretary of state that is: |
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(1) in the amount of $10,000; |
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(2) payable to the secretary; and |
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(3) for the benefit of a party who suffers damages |
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caused by the failure of the person to fulfill obligations related |
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to this chapter. |
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SUBCHAPTER C. ADVERTISEMENT PROVISIONS |
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Sec. 59.101. SIGNS REQUIRED AT PLACE OF BUSINESS. (a) A |
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person who provides or offers to provide immigration assistance |
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services shall post at the person's place of business signs at least |
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12 inches by 17 inches in size and containing the following |
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statement: |
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"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT |
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GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." |
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(b) The signs required by Subsection (a) must be in English |
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and in every other language in which the person provides or offers |
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to provide immigration assistance services. Each statement |
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translated into a different language must be on a separate sign. |
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(c) The person shall post the signs required by this section |
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at a location where the signs will be visible to customers. |
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Sec. 59.102. RADIO, TELEVISION, OR WRITTEN ADVERTISEMENTS. |
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(a) A person who advertises immigration assistance services in a |
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language other than English by radio, television, signs, pamphlets, |
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newspapers, business cards, stationery, letterhead, or other |
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written communication shall include in the advertisement the |
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following notice in English and the language used by the |
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advertisement: |
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"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT |
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GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." |
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(b) Subsection (a) does not apply to a single desk plaque. |
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(c) If the advertisement is by radio or television, the |
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statement required by Subsection (a) may be modified but must |
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include substantially the same message. |
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(d) If in writing, the statement required by Subsection (a) |
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must be printed in a conspicuous size. |
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Sec. 59.103. TRANSLATING CERTAIN TITLES PROHIBITED. A |
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person who provides or offers to provide immigration assistance |
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services may not, in any written material, literally translate from |
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English into another language: |
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(1) notary public; |
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(2) notary; |
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(3) licensed; |
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(4) attorney; |
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(5) lawyer; or |
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(6) another term that implies the person is an |
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attorney. |
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SUBCHAPTER D. REMEDIES AND OFFENSES |
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Sec. 59.151. CIVIL PENALTY. (a) A person who violates this |
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chapter is liable to this state for a civil penalty in an amount not |
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to exceed $1,000 for each violation. The attorney general or the |
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prosecuting attorney in the county in which the violation occurs |
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may bring suit to recover the civil penalty imposed under this |
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section. |
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(b) A penalty collected under this section does not preempt |
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or preclude a civil or criminal penalty under other law. |
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Sec. 59.152. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person violates a provision of this chapter. |
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(b) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if it is shown on |
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the trial of the offense that: |
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(1) the person has previously been convicted under |
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this section; and |
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(2) the instant offense occurred before the fifth |
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anniversary of the conviction for the previous offense. |
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SECTION 2. This Act takes effect September 1, 2013. |