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A BILL TO BE ENTITLED
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AN ACT
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relating to solicitations for the retrieval of certain documents |
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from the secretary of state; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 17, Business & Commerce Code, is amended |
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by adding Subchapter M to read as follows: |
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SUBCHAPTER M. SOLICITATIONS FOR RETRIEVAL OF CERTAIN GOVERNMENT |
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DOCUMENTS |
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Sec. 17.961. DEFINITION. In this subchapter, "business |
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certification document" means a document: |
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(1) required to be filed with the secretary of state |
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under Chapter 4, Business Organizations Code; or |
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(2) produced by the secretary of state affirming that |
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a document described by Subdivision (1) was filed or that a specific |
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business organization exists. |
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Sec. 17.962. REQUIRED DISCLOSURE FOR MAIL SOLICITATIONS. |
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(a) A nongovernmental entity or individual may not mail, or direct |
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another person to mail, a solicitation for the retrieval of a |
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business certification document unless the solicitor includes with |
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the mailed solicitation the disclosure required by this section, |
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prominently displayed in 18-point, boldfaced type, and in capital |
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letters in English, Spanish, and any other language in which the |
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solicitation is printed. |
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(b) The disclosure described by Subsection (a) must state: |
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"THIS NOTICE IS NOT FROM A GOVERNMENTAL ENTITY. BUSINESS |
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CERTIFICATION DOCUMENTS CAN BE OBTAINED DIRECTLY FROM THE TEXAS |
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SECRETARY OF STATE'S OFFICE." |
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Sec. 17.963. REQUIRED DISCLOSURE FOR TELEPHONE OR IN-PERSON |
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SOLICITATIONS. (a) A nongovernmental entity or individual may not |
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make, or direct another person to make, a telephone or in-person |
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solicitation for the retrieval of a business certification document |
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unless the solicitor provides to each person solicited, at the |
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beginning of the solicitation and again before accepting payment |
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from the person, the disclaimer described by Subsection (b). |
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(b) The solicitor described by Subsection (a) must state to |
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the person being solicited: |
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"I DO NOT WORK FOR A GOVERNMENTAL ENTITY. BUSINESS |
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CERTIFICATION DOCUMENTS CAN BE OBTAINED DIRECTLY FROM THE TEXAS |
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SECRETARY OF STATE'S OFFICE." |
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(c) The disclaimer described by Subsection (b) must be made |
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slowly, in a clear voice, and in the same language in which the |
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solicitation is made. |
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Sec. 17.964. INVESTIGATION. (a) A complaint concerning a |
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violation of this subchapter may be made to the secretary of state. |
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(b) The secretary of state shall investigate a complaint |
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made under Subsection (a). The secretary of state may refer the |
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complaint to the attorney general. |
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Sec. 17.965. CIVIL PENALTY. (a) A person who violates this |
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subchapter is liable to this state for a civil penalty in an amount |
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not to exceed $500 for each violation. Each solicitation is a |
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separate violation for purposes of this subsection. |
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(b) In determining the amount of the civil penalty imposed |
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under this section, the court shall consider the amount necessary |
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to deter future violations. |
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(c) The attorney general or the county attorney or district |
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attorney in the county in which the violation occurs may bring an |
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action to recover a civil penalty under this section. |
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SECTION 2. The changes in law made by this Act apply only to |
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a solicitation made on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |