| 1 | 1 | | 81R10809 DAK-F |
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| 2 | 2 | | By: England H.B. No. 3525 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to telephone solicitations for certain law |
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| 8 | 8 | | enforcement-related charitable organizations. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 303, Business & Commerce |
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| 11 | 11 | | Code, as effective April 1, 2009, is amended by adding Sections |
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| 12 | 12 | | 303.105-303.107 to read as follows: |
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| 13 | 13 | | Sec. 303.105. REQUIRED DISCLOSURES. A commercial telephone |
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| 14 | 14 | | solicitor may not make a telephone solicitation call unless the |
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| 15 | 15 | | solicitor makes the following disclosures during the call using |
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| 16 | 16 | | substantially the following language: |
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| 17 | 17 | | (1) "You will not receive any preferential treatment |
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| 18 | 18 | | by any law enforcement officer or organization if you make a |
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| 19 | 19 | | contribution"; and |
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| 20 | 20 | | (2) "It is a criminal act for any law enforcement |
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| 21 | 21 | | officer to provide you with preferential treatment because you have |
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| 22 | 22 | | made a contribution." |
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| 23 | 23 | | Sec. 303.106. RECORDING OF CALLS. A commercial telephone |
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| 24 | 24 | | solicitor shall: |
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| 25 | 25 | | (1) record each telephone solicitation call and retain |
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| 26 | 26 | | the recording until the 31st day after the date the call was |
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| 27 | 27 | | recorded; and |
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| 28 | 28 | | (2) allow the attorney general access to the recording |
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| 29 | 29 | | for review at the attorney general's discretion. |
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| 30 | 30 | | Sec. 303.107. USE OF MONEY FOR NONCHARITABLE PURPOSE. A law |
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| 31 | 31 | | enforcement-related charitable organization that uses any of the |
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| 32 | 32 | | money it receives through telephone solicitation for a |
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| 33 | 33 | | noncharitable purpose must ensure that any commercial telephone |
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| 34 | 34 | | solicitor that it retains to make telephone solicitations complies |
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| 35 | 35 | | with the Texas no-call list established under Subchapter B, Chapter |
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| 36 | 36 | | 304. |
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| 37 | 37 | | SECTION 2. The changes in law made by this Act apply only to |
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| 38 | 38 | | a telephone solicitation made on or after the effective date of this |
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| 39 | 39 | | Act. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2009. |
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