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A BILL TO BE ENTITLED
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AN ACT
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relating to regulating telephone solicitation; providing a private |
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cause of action. |
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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) to 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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SECTION 2. Section 302.303(b), Business & Commerce Code, is |
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amended to read as follows: |
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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 3. Subchapter G, Chapter 302, Business & Commerce |
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Code, is amended by adding Sections 302.3025 and 302.3026 to read as |
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follows: |
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Sec. 302.3025. PRIVATE CAUSE OF ACTION. (a) In addition to |
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any other penalties under this chapter, a person harmed by a |
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violation of this chapter may bring an action against the violator |
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of this chapter and is entitled to obtain: |
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(1) injunctive relief; and |
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(2) the greater of: |
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(A) actual damages; or |
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(B) statutory damages in an amount that is not |
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less than $500 and not more than $10,000 for each violation; and |
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(3) court costs and reasonable attorney's fees. |
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(b) Sections 41.003 and 41.004, Civil Practice and Remedies |
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Code, do not apply to an action brought under this section. |
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Sec. 302.3026. COMPLIANCE AS CONDITION OF LICENSURE. |
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Notwithstanding any other law, each appropriate state agency shall |
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ensure that businesses in this state comply with this chapter and |
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may require compliance with this chapter as a condition for a |
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license, permit, or other state authorization necessary for |
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conducting business in this state. |
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SECTION 4. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law as it exists immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |