By: Buckingham, et al. S.B. No. 1189
 
  (Capriglione)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain deceptive advertising of legal services.
         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.  APPLICABILITY. (a)  This subchapter applies
  only to a television advertisement that promotes a person's
  provision of legal services or solicits clients to receive legal
  services.
         (b)  This subchapter does not apply to an advertisement by a
  federal, state, or local government entity.
         Sec. 81.152.  PROHIBITED ADVERTISING. An advertisement for
  legal services may not:
               (1)  present the advertisement as a "medical alert,"
  "health alert," "consumer alert," "drug alert," "public service
  announcement," or substantially similar phrase that suggests to a
  reasonable viewer the advertisement is offering professional,
  medical, or government agency advice about medications or medical
  devices rather than legal services;
               (2)  display the logo of a federal or state government
  agency in a manner that suggests to a reasonable viewer the
  advertisement is presented by a federal or state government agency
  or by an entity approved by or affiliated with a federal or state
  government 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 state, both verbally and
  visually:
               (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
  primarily responsible for providing solicited legal services to a
  person who engages the attorney or law firm in response to the
  advertisement; or
                     (B)  the manner in which a responding person's
  case is referred to an attorney or law firm if the sponsor of the
  advertisement is not legally authorized to provide legal services
  to clients.
         (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 include a verbal
  and visual statement:  "Do not stop taking a prescribed medication
  without first consulting a physician."
         Sec. 81.154.  FORM OF REQUIRED WARNINGS AND DISCLOSURES;
  COURT FINDINGS. (a)  A visual statement required by this
  subchapter to appear in an advertisement must be presented clearly,
  conspicuously, and for a sufficient length of time for a viewer to
  see and read the statement.
         (b)  A court may not find that a visual statement in an
  advertisement is noncompliant with Subsection (a) if the statement
  is presented in the same size and style of font and for the same
  duration as a visual reference to the telephone number or Internet
  website of the entity a responding person contacts for the legal
  services offered or discussed in the advertisement.
         (c)  A verbal statement required by this subchapter to appear
  in an advertisement must be audible, intelligible, and presented
  with equal prominence as the other parts of the advertisement.
         (d)  A court may not find that a verbal statement in an
  advertisement is noncompliant with Subsection (c) if the statement
  is made at approximately the same volume and uses approximately the
  same number of words per minute as the voice-over of longest
  duration in the advertisement other than information required by
  this subchapter.
         Sec. 81.155.  ENFORCEMENT; PRIVATE CAUSE OF ACTION NOT
  CREATED. (a)  A violation of this subchapter is a deceptive act or
  practice actionable under Subchapter E, Chapter 17, Business &
  Commerce Code, and may be enforced by the attorney general or a
  district or county attorney as provided by that subchapter.  All
  remedies available under that subchapter are available for a
  violation of this subchapter.
         (b)  This subchapter does not create a private cause of
  action.
         Sec. 81.156.  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 an advertisement that is presented on or after the effective date
  of this Act.  An advertisement presented 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.