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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain words to imply that a person who is |
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not an attorney is authorized to practice immigration law and the |
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prosecution of a cause of action arising from that practice and |
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educational requirements for a notary public appointment; |
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authorizing a fee; affecting the prosecution of a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 17.46(b), Business & Commerce Code, as |
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amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts of |
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the 84th Legislature, Regular Session, 2015, is reenacted and |
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amended to read as follows: |
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(b) Except as provided in Subsection (d) of this section, |
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the term "false, misleading, or deceptive acts or practices" |
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includes, but is not limited to, the following acts: |
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(1) passing off goods or services as those of another; |
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(2) causing confusion or misunderstanding as to the |
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source, sponsorship, approval, or certification of goods or |
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services; |
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(3) causing confusion or misunderstanding as to |
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affiliation, connection, or association with, or certification by, |
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another; |
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(4) using deceptive representations or designations |
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of geographic origin in connection with goods or services; |
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(5) representing that goods or services have |
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sponsorship, approval, characteristics, ingredients, uses, |
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benefits, or quantities which they do not have or that a person has |
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a sponsorship, approval, status, affiliation, or connection which |
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the person does not; |
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(6) representing that goods are original or new if |
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they are deteriorated, reconditioned, reclaimed, used, or |
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secondhand; |
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(7) representing that goods or services are of a |
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particular standard, quality, or grade, or that goods are of a |
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particular style or model, if they are of another; |
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(8) disparaging the goods, services, or business of |
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another by false or misleading representation of facts; |
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(9) advertising goods or services with intent not to |
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sell them as advertised; |
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(10) advertising goods or services with intent not to |
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supply a reasonable expectable public demand, unless the |
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advertisements disclosed a limitation of quantity; |
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(11) making false or misleading statements of fact |
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concerning the reasons for, existence of, or amount of price |
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reductions; |
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(12) representing that an agreement confers or |
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involves rights, remedies, or obligations which it does not have or |
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involve, or which are prohibited by law; |
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(13) knowingly making false or misleading statements |
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of fact concerning the need for parts, replacement, or repair |
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service; |
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(14) misrepresenting the authority of a salesman, |
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representative or agent to negotiate the final terms of a consumer |
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transaction; |
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(15) basing a charge for the repair of any item in |
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whole or in part on a guaranty or warranty instead of on the value of |
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the actual repairs made or work to be performed on the item without |
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stating separately the charges for the work and the charge for the |
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warranty or guaranty, if any; |
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(16) disconnecting, turning back, or resetting the |
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odometer of any motor vehicle so as to reduce the number of miles |
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indicated on the odometer gauge; |
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(17) advertising of any sale by fraudulently |
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representing that a person is going out of business; |
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(18) advertising, selling, or distributing a card |
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which purports to be a prescription drug identification card issued |
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under Section 4151.152, Insurance Code, in accordance with rules |
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adopted by the commissioner of insurance, which offers a discount |
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on the purchase of health care goods or services from a third party |
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provider, and which is not evidence of insurance coverage, unless: |
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(A) the discount is authorized under an agreement |
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between the seller of the card and the provider of those goods and |
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services or the discount or card is offered to members of the |
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seller; |
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(B) the seller does not represent that the card |
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provides insurance coverage of any kind; and |
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(C) the discount is not false, misleading, or |
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deceptive; |
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(19) using or employing a chain referral sales plan in |
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connection with the sale or offer to sell of goods, merchandise, or |
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anything of value, which uses the sales technique, plan, |
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arrangement, or agreement in which the buyer or prospective buyer |
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is offered the opportunity to purchase merchandise or goods and in |
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connection with the purchase receives the seller's promise or |
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representation that the buyer shall have the right to receive |
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compensation or consideration in any form for furnishing to the |
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seller the names of other prospective buyers if receipt of the |
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compensation or consideration is contingent upon the occurrence of |
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an event subsequent to the time the buyer purchases the merchandise |
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or goods; |
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(20) representing that a guaranty or warranty confers |
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or involves rights or remedies which it does not have or involve, |
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provided, however, that nothing in this subchapter shall be |
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construed to expand the implied warranty of merchantability as |
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defined in Sections 2.314 through 2.318 and Sections 2A.212 through |
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2A.216 to involve obligations in excess of those which are |
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appropriate to the goods; |
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(21) promoting a pyramid promotional scheme, as |
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defined by Section 17.461; |
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(22) representing that work or services have been |
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performed on, or parts replaced in, goods when the work or services |
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were not performed or the parts replaced; |
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(23) filing suit founded upon a written contractual |
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obligation of and signed by the defendant to pay money arising out |
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of or based on a consumer transaction for goods, services, loans, or |
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extensions of credit intended primarily for personal, family, |
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household, or agricultural use in any county other than in the |
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county in which the defendant resides at the time of the |
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commencement of the action or in the county in which the defendant |
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in fact signed the contract; provided, however, that a violation of |
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this subsection shall not occur where it is shown by the person |
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filing such suit that the person neither knew or had reason to know |
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that the county in which such suit was filed was neither the county |
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in which the defendant resides at the commencement of the suit nor |
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the county in which the defendant in fact signed the contract; |
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(24) failing to disclose information concerning goods |
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or services which was known at the time of the transaction if such |
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failure to disclose such information was intended to induce the |
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consumer into a transaction into which the consumer would not have |
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entered had the information been disclosed; |
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(25) using the term "corporation," "incorporated," or |
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an abbreviation of either of those terms in the name of a business |
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entity that is not incorporated under the laws of this state or |
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another jurisdiction; |
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(26) selling, offering to sell, or illegally promoting |
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an annuity contract under Chapter 22, Acts of the 57th Legislature, |
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3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil |
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Statutes), with the intent that the annuity contract will be the |
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subject of a salary reduction agreement, as defined by that Act, if |
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the annuity contract is not an eligible qualified investment under |
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that Act or is not registered with the Teacher Retirement System of |
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Texas as required by Section 8A of that Act; |
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(27) taking advantage of a disaster declared by the |
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governor under Chapter 418, Government Code, by: |
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(A) selling or leasing fuel, food, medicine, or |
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another necessity at an exorbitant or excessive price; or |
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(B) demanding an exorbitant or excessive price in |
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connection with the sale or lease of fuel, food, medicine, or |
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another necessity; |
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(28) using the translation into a foreign language of |
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a title or other word, including "attorney," "immigration |
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consultant," "immigration expert," "lawyer," "licensed," "notary," |
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and "notary public," in any written or electronic material, |
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including an advertisement, a business card, a letterhead, |
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stationery, a website, or an online video, in reference to a person |
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who is not an attorney in order to imply that the person is |
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authorized to practice law in the United States; |
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(29) [(28)] delivering or distributing a solicitation |
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in connection with a good or service that: |
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(A) represents that the solicitation is sent on |
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behalf of a governmental entity when it is not; or |
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(B) resembles a governmental notice or form that |
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represents or implies that a criminal penalty may be imposed if the |
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recipient does not remit payment for the good or service; |
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(30) [(29)] delivering or distributing a solicitation |
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in connection with a good or service that resembles a check or other |
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negotiable instrument or invoice, unless the portion of the |
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solicitation that resembles a check or other negotiable instrument |
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or invoice includes the following notice, clearly and conspicuously |
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printed in at least 18-point type: |
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"SPECIMEN-NON-NEGOTIABLE"; |
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(31) [(30)] in the production, sale, distribution, or |
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promotion of a synthetic substance that produces and is intended to |
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produce an effect when consumed or ingested similar to, or in excess |
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of, the effect of a controlled substance or controlled substance |
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analogue, as those terms are defined by Section 481.002, Health and |
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Safety Code: |
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(A) making a deceptive representation or |
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designation about the synthetic substance; or |
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(B) causing confusion or misunderstanding as to |
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the effects the synthetic substance causes when consumed or |
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ingested; or |
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(32) [(31)] a licensed public insurance adjuster |
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directly or indirectly soliciting employment, as defined by Section |
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38.01, Penal Code, for an attorney, or a licensed public insurance |
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adjuster entering into a contract with an insured for the primary |
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purpose of referring the insured to an attorney without the intent |
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to actually perform the services customarily provided by a licensed |
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public insurance adjuster, provided that this subdivision may not |
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be construed to prohibit a licensed public insurance adjuster from |
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recommending a particular attorney to an insured. |
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SECTION 2. Subchapter A, Chapter 406, Government Code, is |
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amended by adding Section 406.0045 to read as follows: |
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Sec. 406.0045. REQUIRED EDUCATIONAL COURSE. (a) An |
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applicant for an initial appointment as a notary public shall |
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complete an educational course approved by the secretary of state. |
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The educational course may be an online, self-study, or classroom |
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course. |
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(b) The secretary of state shall adopt rules necessary to |
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implement the educational course requirement imposed by Subsection |
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(a). The rules must: |
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(1) establish the standards for an educational course; |
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(2) establish the procedures for approving an |
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educational course; and |
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(3) set a nonrefundable vendor application and renewal |
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fee for a vendor of an educational course in an amount sufficient to |
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administer this section. |
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(c) The secretary of state may provide an educational course |
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to satisfy the requirements of Subsection (a). |
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(d) A fee received by the secretary of state under |
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Subsection (b)(3) must be appropriated to and used by the secretary |
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of state to administer this section. |
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SECTION 3. Section 406.005, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) An application for an initial appointment under this |
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section must include a statement that the applicant has completed |
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an educational course required by Section 406.0045. |
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SECTION 4. Section 406.006, Government Code, is amended to |
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read as follows: |
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Sec. 406.006. QUALIFICATION. An individual qualifies by: |
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(1) properly completing the application form; |
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(2) executing the statement; |
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(3) providing the bond, if required; |
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(4) paying the required filing fees; [and] |
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(5) meeting the eligibility requirements; and |
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(6) providing a statement of completion of an |
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educational course if required by Section 406.0045. |
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SECTION 5. Section 406.007(a), Government Code, is amended |
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to read as follows: |
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(a) The applicant must submit to the secretary of state: |
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(1) a fee of $10 for approving and filing the bond of |
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the notary public, if required; and |
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(2) a fee of $1 to be appropriated to and used by the |
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secretary of state [only] for: |
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(A) hiring an investigator; |
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(B) administering and managing an educational |
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course under Section 406.0045(c); and |
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(C) [for] preparing and distributing the |
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materials required to be distributed under Section 406.008. |
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SECTION 6. Section 406.011, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Section 406.0045 does not apply to a notary public |
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applying for reappointment under this section. |
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SECTION 7. Section 406.017, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A person commits an offense if the person is a notary |
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public and the person: |
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(1) states or implies that the person is an attorney |
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licensed to practice law in this state; |
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(2) solicits or accepts compensation to prepare |
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documents for or otherwise represent the interest of another in a |
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judicial or administrative proceeding, including a proceeding |
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relating to immigration or admission to the United States, United |
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States citizenship, or related matters; |
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(3) solicits or accepts compensation to obtain relief |
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of any kind on behalf of another from any officer, agency, or |
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employee of this state or the United States; |
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(4) uses the phrase "notario" or "notario publico" to |
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advertise the services of a notary public, whether by signs, |
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pamphlets, stationery, or other written communication or by radio |
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or television; or |
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(5) advertises the services of a notary public in a |
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language other than English, whether by signs, pamphlets, |
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stationery, or other written communication or by radio or |
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television, if the person does not post or otherwise include with |
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the advertisement a notice that complies with Subsection (b). |
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(a-1) A person does not violate this section by offering or |
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providing language translation or typing services and accepting |
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compensation. |
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SECTION 8. The change in law made by this Act to Section |
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17.46(b), Business & Commerce Code, applies only to a cause of |
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action that accrues on or after the effective date of this Act. A |
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cause of action that accrued before the effective date of this Act |
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is governed by the law in effect immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 9. The changes in law made by this Act to Chapter |
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406, Government Code, apply only to an application for a notary |
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public appointment received and qualified on or after September 1, |
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2018. An application received and qualified before September 1, |
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2018, is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 10. The change in law made by this Act to Section |
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406.017, Government Code, applies only to an offense committed on |
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or after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 11. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 12. This Act takes effect January 1, 2018. |