| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain deceptive advertising of legal services; |
|
|
imposing civil penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 81, Government Code, is amended by |
|
|
adding Subchapter J to read as follows: |
|
|
SUBCHAPTER J. DECEPTIVE ADVERTISING PRACTICES |
|
|
Sec. 81.151. DEFINITIONS. In this subchapter: |
|
|
(1) "Advertisement" means a communication that |
|
|
provides information promoting a person's provision of legal |
|
|
services. The term includes a communication through television, |
|
|
radio, newspaper or other periodical, outdoor display, or other |
|
|
written, electronic, or recorded communication, including an |
|
|
Internet website operated for a commercial purpose. |
|
|
(2) "Soliciting" means offering to provide legal |
|
|
services through a written, recorded, or electronic communication |
|
|
or by an in-person, telephone, or real-time electronic contact. |
|
|
Sec. 81.152. PROHIBITED ADVERTISING. An advertisement for |
|
|
legal services may not: |
|
|
(1) present the advertisement as a "medical alert," |
|
|
"health alert," "consumer alert," "public service announcement," |
|
|
or similar phrase; |
|
|
(2) display the logo of a federal or state government |
|
|
agency in a manner that suggests affiliation with or sponsorship by |
|
|
that agency; or |
|
|
(3) use the term "recall" when referring to a product |
|
|
that has not been recalled by a government agency or through an |
|
|
agreement between a manufacturer and government agency. |
|
|
Sec. 81.153. REQUIRED WARNINGS AND DISCLOSURES. (a) An |
|
|
advertisement for legal services must disclose: |
|
|
(1) at the beginning of the advertisement, "This is a |
|
|
paid advertisement for legal services."; |
|
|
(2) the identity of the sponsor of the advertisement; |
|
|
and |
|
|
(3) either: |
|
|
(A) the identity of the attorney or law firm that |
|
|
provides legal services to a client; or |
|
|
(B) the manner in which a case is referred to an |
|
|
attorney or law firm if the sponsor of the advertisement is not |
|
|
legally authorized to provide legal services to a person responding |
|
|
to the advertisement. |
|
|
(b) An advertisement for legal services soliciting clients |
|
|
who may allege an injury from a prescription drug approved by the |
|
|
United States Food and Drug Administration must: |
|
|
(1) include the warning: "Do not stop taking a |
|
|
prescribed medication without first consulting with your |
|
|
physician. Discontinuing a prescribed medication without seeking |
|
|
your physician's advice can result in injury or death."; and |
|
|
(2) disclose that the drug is approved by the United |
|
|
States Food and Drug Administration unless the product has been |
|
|
recalled or withdrawn. |
|
|
(c) An advertisement for legal services soliciting clients |
|
|
who may allege an injury from a medical device approved by the |
|
|
United States Food and Drug Administration must disclose that the |
|
|
medical device is approved by the United States Food and Drug |
|
|
Administration unless the product has been recalled or withdrawn. |
|
|
Sec. 81.154. FORM OF REQUIRED WARNINGS AND DISCLOSURES. |
|
|
(a) Any warning or disclosure statement required by this |
|
|
subchapter to appear in an advertisement must be presented clearly |
|
|
and conspicuously. |
|
|
(b) A written disclosure must be legible and, if televised |
|
|
or displayed electronically, must be displayed for sufficient time |
|
|
to enable the viewer to easily see and read the disclosure. |
|
|
(c) A verbal disclosure must be audible and intelligible. |
|
|
Sec. 81.155. INJUNCTION; RESTITUTION. (a) If the attorney |
|
|
general or the prosecuting attorney in the county in which a |
|
|
violation of this subchapter occurs has reason to believe that a |
|
|
person is engaging in, has engaged in, or is about to engage in an |
|
|
act or practice that violates this subchapter, the attorney general |
|
|
or prosecuting attorney may bring an action in the name of the state |
|
|
against the person to restrain that act or practice by temporary or |
|
|
permanent injunction if an injunction is in the public interest. |
|
|
(b) If a court issues a permanent injunction to restrain and |
|
|
prevent a violation of this subchapter, the court may make an |
|
|
additional order requiring restitution to a victim for medical |
|
|
expenses or other expenses related to the violation. |
|
|
Sec. 81.156. CIVIL PENALTY. (a) A person who violates this |
|
|
subchapter is liable to the state for a civil penalty in an amount |
|
|
not to exceed $20,000 for each violation. Each advertisement that |
|
|
violates this subchapter constitutes a separate violation. |
|
|
(b) The attorney general or the prosecuting attorney in the |
|
|
county in which a violation occurs may bring suit to recover the |
|
|
civil penalty imposed under Subsection (a). |
|
|
(c) The attorney general or prosecuting attorney may |
|
|
recover reasonable expenses incurred in obtaining a civil penalty |
|
|
under this section, including court costs, attorney's fees, |
|
|
investigative costs, witness fees, and deposition expenses. |
|
|
(d) The civil penalty provided by this section is in |
|
|
addition to injunctive relief or any other remedy that may be |
|
|
granted under Section 81.155. |
|
|
Sec. 81.157. CONSTRUCTION OF SUBCHAPTER. This subchapter |
|
|
may not be construed to limit or otherwise affect the authority of |
|
|
the Supreme Court of Texas to regulate the practice of law, enforce |
|
|
the Texas Disciplinary Rules of Professional Conduct, or discipline |
|
|
persons admitted to the state bar. |
|
|
SECTION 2. 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. A cause of action that accrued before the effective date |
|
|
of this Act is governed by the law in effect immediately before the |
|
|
effective date of this Act, and that law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |