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A BILL TO BE ENTITLED
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AN ACT
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relating to certain measures to prevent and reduce fraudulent |
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charitable solicitations during disasters, including establishing |
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a voluntary certification program for disaster relief |
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organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 418, Government Code, is |
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amended by adding Section 418.0431 to read as follows: |
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Sec. 418.0431. EDUCATIONAL MATERIALS ON IDENTIFYING AND |
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AVOIDING FRAUDULENT CHARITABLE SOLICITATIONS. The division, in |
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consultation with the consumer protection division of the attorney |
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general's office, shall create and make available to the public on |
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the respective agencies' Internet websites educational materials |
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regarding how to identify and avoid fraudulent charitable |
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solicitations during a disaster. |
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SECTION 2. Chapter 418, Government Code, is amended by |
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adding Subchapter L to read as follows: |
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SUBCHAPTER L. VOLUNTARY CERTIFICATION OF DISASTER RELIEF |
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ORGANIZATIONS |
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Sec. 418.401. DEFINITIONS. In this subchapter: |
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(1) "Certification" means the certification issued to |
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a disaster relief organization under this subchapter. |
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(2) "Certification program" means the certification |
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program established under this subchapter. |
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(3) "Declared disaster" means: |
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(A) a disaster declared by the president of the |
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United States; |
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(B) a state of disaster declared by the governor |
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under Section 418.014; or |
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(C) a local state of disaster declared by the |
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presiding officer of the governing body of a political subdivision |
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under Section 418.108. |
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Sec. 418.402. VOLUNTARY CERTIFICATION PROGRAM FOR DISASTER |
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RELIEF ORGANIZATIONS. (a) The attorney general, in consultation |
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with the division, shall establish and administer a certification |
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program for organizations that solicit and accept donations to |
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provide disaster relief services during a declared disaster. The |
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purpose of the certification program is to assist the public in |
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identifying reputable organizations to which the public may donate |
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to support disaster relief efforts. |
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(b) Participation in the certification program is |
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voluntary. An organization is not required to obtain certification |
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under the program to solicit or accept donations in response to a |
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declared disaster. |
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Sec. 418.403. ELIGIBILITY FOR CERTIFICATION. (a) The |
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attorney general, in consultation with the division, shall by rule |
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establish: |
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(1) eligibility criteria that an organization must |
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meet and maintain to qualify for a certification; |
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(2) procedures for evaluating certification |
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applications; and |
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(3) procedures for renewal and revocation of |
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certifications. |
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(b) The attorney general may also consult with the emergency |
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management council for purposes of adopting rules under this |
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section. |
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Sec. 418.404. APPLICATION FOR CERTIFICATION. An |
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organization may apply for a certification in the form and manner |
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prescribed by the attorney general. |
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Sec. 418.405. PUBLIC REGISTRY; SEAL. (a) The attorney |
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general shall maintain and regularly update a public registry of |
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organizations certified under this subchapter on the attorney |
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general's Internet website. |
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(b) The attorney general shall prescribe and approve a seal |
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that may be used and displayed by an organization certified under |
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this subchapter. |
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Sec. 418.406. CONSIDERATION OF CERTIFICATION STATUS IN |
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CERTAIN APPLICATIONS FOR STATE MONEY. Notwithstanding any other |
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law, a state or local governmental entity administering a grant or |
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other program that provides state money to support mitigation, |
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preparedness, response, recovery, or other relief efforts in |
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response to a declared disaster shall consider an organization's |
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certification status under this subchapter when evaluating the |
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organization's application for state money under the grant or other |
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program. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the attorney general, in consultation with the Texas |
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Division of Emergency Management, shall adopt rules to implement |
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Subchapter L, Chapter 418, Government Code, as added by this Act. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |