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A BILL TO BE ENTITLED
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AN ACT
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relating to certain deceptive advertising of legal services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 81, Government Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. DECEPTIVE ADVERTISING PRACTICES |
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Sec. 81.151. APPLICABILITY. (a) This subchapter applies |
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only to a television advertisement that promotes a person's |
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provision of legal services or solicits clients to receive legal |
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services. |
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(b) This subchapter does not apply to an advertisement by a |
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federal, state, or local government entity. |
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Sec. 81.152. PROHIBITED ADVERTISING. An advertisement for |
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legal services may not: |
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(1) present the advertisement as a "medical alert," |
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"health alert," "consumer alert," "drug alert," "public service |
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announcement," or substantially similar phrase that suggests to a |
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reasonable viewer the advertisement is offering professional, |
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medical, or government agency advice about medications or medical |
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devices rather than legal services; |
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(2) display the logo of a federal or state government |
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agency in a manner that suggests to a reasonable viewer the |
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advertisement is presented by a federal or state government agency |
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or by an entity approved by or affiliated with a federal or state |
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government agency; or |
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(3) use the term "recall" when referring to a product |
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that has not been recalled by a government agency or through an |
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agreement between a manufacturer and government agency. |
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Sec. 81.153. REQUIRED WARNINGS AND DISCLOSURES. (a) An |
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advertisement for legal services must state, both verbally and |
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visually: |
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(1) at the beginning of the advertisement, "This is a |
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paid advertisement for legal services."; |
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(2) the identity of the sponsor of the advertisement; |
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and |
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(3) either: |
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(A) the identity of the attorney or law firm |
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primarily responsible for providing solicited legal services to a |
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person who engages the attorney or law firm in response to the |
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advertisement; or |
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(B) the manner in which a responding person's |
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case is referred to an attorney or law firm if the sponsor of the |
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advertisement is not legally authorized to provide legal services |
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to clients. |
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(b) An advertisement for legal services soliciting clients |
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who may allege an injury from a prescription drug approved by the |
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United States Food and Drug Administration must include a verbal |
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and visual statement: "Do not stop taking a prescribed medication |
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without first consulting a physician." |
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Sec. 81.154. FORM OF REQUIRED WARNINGS AND DISCLOSURES; |
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COURT FINDINGS. (a) A visual statement required by this |
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subchapter to appear in an advertisement must be presented clearly, |
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conspicuously, and for a sufficient length of time for a viewer to |
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see and read the statement. |
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(b) A court may not find that a visual statement in an |
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advertisement is noncompliant with Subsection (a) if the statement |
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is presented in the same size and style of font and for the same |
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duration as a visual reference to the telephone number or Internet |
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website of the entity a responding person contacts for the legal |
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services offered or discussed in the advertisement. |
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(c) A verbal statement required by this subchapter to appear |
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in an advertisement must be audible, intelligible, and presented |
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with equal prominence as the other parts of the advertisement. |
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(d) A court may not find that a verbal statement in an |
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advertisement is noncompliant with Subsection (c) if the statement |
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is made at approximately the same volume and uses approximately the |
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same number of words per minute as the voice-over of longest |
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duration in the advertisement other than information required by |
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this subchapter. |
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Sec. 81.155. ENFORCEMENT; PRIVATE CAUSE OF ACTION NOT |
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CREATED. (a) A violation of this subchapter is a deceptive act or |
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practice actionable under Subchapter E, Chapter 17, Business & |
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Commerce Code, and may be enforced by the attorney general or a |
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district or county attorney as provided by that subchapter. All |
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remedies available under that subchapter are available for a |
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violation of this subchapter. |
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(b) This subchapter does not create a private cause of |
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action. |
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Sec. 81.156. CONSTRUCTION OF SUBCHAPTER. This subchapter |
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may not be construed to limit or otherwise affect the authority of |
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the Supreme Court of Texas to regulate the practice of law, enforce |
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the Texas Disciplinary Rules of Professional Conduct, or discipline |
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persons admitted to the state bar. |
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SECTION 2. The change in law made by this Act applies only |
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to an advertisement that is presented on or after the effective date |
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of this Act. An advertisement presented before the effective date |
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of this Act is governed by the law in effect 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 3. This Act takes effect September 1, 2019. |