AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties have raised concerns regarding commercial entities swindling money from victims by mailing solicitations in connection with a good or service that imitates government forms, many of which suggest the imposition of a criminal penalty should the recipient fail to remit a payment for the applicable good or service. In an effort to address the defrauding of those recipients who are unaware of the sender's intent, H.B. 1265 amends current law relating to deceptive trade practices.

 

H.B. 1265 amends current law relating to a deceptive act or practice involving a solicitation in connection with a good or service.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 17.46(b), Business & Commerce Code, as follows:

 

(b) Provides that, except as provided in Subsection (d) (providing that, for the purposes of relief, the term "false, misleading, or deceptive acts or practices" is limited to the acts enumerated in specific subdivisions of Subsection (b) of this section) of this section, the term "false, misleading, or deceptive acts or practices" includes, but is not limited to, certain acts, including:

 

(1)-(19) Makes no change to these subdivisions.

 

(20) Makes a nonsubstantive change.

 

(21)-(27) Makes non change to these subdivisions.

 

(28) in the production, sale, distribution, or promotion of a synthetic substance that produces and is intended to produce an effect when consumed or ingested similar to, or in excess of, the effect of a controlled substance or controlled substance analogue, as those terms are defined by Section 481.002 (Definitions), Health and Safety Code, making a deceptive representation or designation about the synthetic substance, or causing confusion or misunderstanding as to the effects the synthetic substance causes when consumed or ingested.

 

(30) Prohibits a public adjuster license holder from directly or indirectly soliciting, as described by Chapter 38 (Obstructing Governmental Operation), Penal Code, employment for an attorney or enter into a contract with an insured for the primary purpose of referring an insured to an attorney and without the intent to actually perform the services customarily provided by a licensed public insurance adjuster. Prohibits this section from being construed to prohibit a license holder from recommending a particular attorney to an insured.

 

SECTION 2. Provides that the change in law made by this Act applies only to a cause of action that accrues on or after the effective date of this Act. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2015.