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A BILL TO BE ENTITLED
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AN ACT
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relating to certain definitions relating to the regulation of and |
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private rights of action arising from certain solicitation-related |
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communications. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 302.001, Business & Commerce Code, is |
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amended by adding Subdivision (6-a) and amending Subdivision (7) to |
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read as follows: |
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(6-a) "Telephone call" has the meaning assigned by |
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Section 304.002. |
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(7) "Telephone solicitation" means a [telephone] call |
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or other transmission, including a transmission of a text or |
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graphic message or of an image, initiated by a seller or salesperson |
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[initiates] to induce a person to purchase, rent, claim, or receive |
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an item. The term includes a telephone call a purchaser makes in |
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response to a solicitation sent by mail or made by any other means. |
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SECTION 2. Section 302.003, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 302.003. LIBERAL CONSTRUCTION AND APPLICATION. (a) |
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This chapter shall be liberally construed and applied to promote |
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its underlying purpose to protect persons and the public against |
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false, misleading, or deceptive practices in the telephone |
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solicitation business. |
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(b) The fact that a claimant has recovered under a private |
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action arising from a violation of this chapter more than once may |
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not limit recovery in a future legal proceeding in any manner. |
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SECTION 3. Section 304.005, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 304.005. LIBERAL CONSTRUCTION AND APPLICATION. (a) |
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This chapter shall be liberally construed and applied to promote |
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its underlying purpose to protect persons and the public against |
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false, misleading, abusive, or deceptive practices in the |
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telemarketing business. |
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(b) The fact that a claimant has recovered under a private |
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action arising from a violation of this chapter more than once may |
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not limit recovery in a future legal proceeding in any manner. |
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SECTION 4. Subchapter F, Chapter 304, Business & Commerce |
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Code, is amended by adding Section 304.2581 to read as follows: |
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Sec. 304.2581. DECEPTIVE TRADE PRACTICES. (a) A violation |
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of this chapter is a false, misleading, or deceptive act or practice |
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under Subchapter E, Chapter 17. |
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(b) A public or private right or remedy prescribed by |
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Subchapter E, Chapter 17, may be used to enforce this chapter. |
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SECTION 5. Subchapter B, Chapter 305, Business & Commerce |
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Code, is amended by adding Sections 305.054 and 305.055 to read as |
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follows: |
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Sec. 305.054. DECEPTIVE TRADE PRACTICES. (a) A violation |
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of this chapter is a false, misleading, or deceptive act or practice |
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under Subchapter E, Chapter 17. |
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(b) A public or private right or remedy prescribed by |
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Subchapter E, Chapter 17, may be used to enforce this chapter. |
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Sec. 305.055. CLAIMANT RECOVERY FOR VIOLATION. The fact |
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that a claimant has recovered under a private action arising from a |
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violation of this chapter more than once may not limit recovery in a |
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future legal proceeding in any manner. |
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SECTION 6. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2025. |