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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a business to pre-disclose the recording of a |
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telephone conversation with a consumer; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 10, Business & Commerce Code, |
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is amended by adding Chapter 307 to read as follows: |
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CHAPTER 307. RECORDING CONSUMER TELEPHONE CALLS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 307.001. DEFINITION. In this chapter, "consumer" |
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means an individual who is solicited to purchase or lease or who |
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purchases or leases a good or service that is to be used primarily |
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for personal, family, or household purposes. |
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Sec. 307.002. APPLICABILITY. This chapter does not apply |
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to a telephone call made by an educational institution or a |
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nonprofit organization exempt from taxation under Section |
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501(c)(3), Internal Revenue Code of 1986. |
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SUBCHAPTER B. PROHIBITED CONDUCT OR ACTIVITY |
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Sec. 307.051. RECORDING CERTAIN TELEPHONE CONVERSATIONS |
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WITHOUT DISCLOSURE PROHIBITED. Before a business records a |
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telephone call with a consumer, the business must disclose to the |
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consumer that the conversation is being recorded. |
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SUBCHAPTER C. ENFORCEMENT |
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Sec. 307.101. INVESTIGATION BY ATTORNEY GENERAL'S OFFICE. |
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The attorney general's office may investigate a complaint relating |
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to a violation of this chapter. |
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Sec. 307.102. INJUNCTIVE RELIEF. A district court, on |
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petition of the attorney general and on finding that a business is |
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violating this chapter, may issue an injunction prohibiting the |
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business from continuing the violation. |
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Sec. 307.103. CIVIL PENALTY. (a) A business that knowingly |
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violates this chapter is liable to this state for a civil penalty in |
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an amount not to exceed $500 for each violation. |
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(b) In addition to bringing an action for injunctive relief |
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under Section 307.102, the attorney general may bring an action for |
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the recovery of a civil penalty imposed under this section. |
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(c) The attorney general may recover reasonable attorney's |
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fees and court costs incurred in recovering the civil penalty. |
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SECTION 2. This Act takes effect September 1, 2017. |