81R10809 DAK-F
By: England H.B. No. 3525
A BILL TO BE ENTITLED
AN ACT
relating to telephone solicitations for certain law
enforcement-related charitable organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 303, Business & Commerce
Code, as effective April 1, 2009, is amended by adding Sections
303.105-303.107 to read as follows:
Sec. 303.105. REQUIRED DISCLOSURES. A commercial telephone
solicitor may not make a telephone solicitation call unless the
solicitor makes the following disclosures during the call using
substantially the following language:
(1) "You will not receive any preferential treatment
by any law enforcement officer or organization if you make a
contribution"; and
(2) "It is a criminal act for any law enforcement
officer to provide you with preferential treatment because you have
made a contribution."
Sec. 303.106. RECORDING OF CALLS. A commercial telephone
solicitor shall:
(1) record each telephone solicitation call and retain
the recording until the 31st day after the date the call was
recorded; and
(2) allow the attorney general access to the recording
for review at the attorney general's discretion.
Sec. 303.107. USE OF MONEY FOR NONCHARITABLE PURPOSE. A law
enforcement-related charitable organization that uses any of the
money it receives through telephone solicitation for a
noncharitable purpose must ensure that any commercial telephone
solicitor that it retains to make telephone solicitations complies
with the Texas no-call list established under Subchapter B, Chapter
304.
SECTION 2. The changes in law made by this Act apply only to
a telephone solicitation made on or after the effective date of this
Act.
SECTION 3. This Act takes effect September 1, 2009.