By: Quintanilla H.B. No. 972
A BILL TO BE ENTITLED
AN ACT
relating to inclusion on certain advertising documents of the
license or certificate of registration number of certain
individuals regulated by this state who solicit business in
consumers' homes; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Occupations Code, is amended by adding
Chapter 60 to read as follows:
CHAPTER 60. GENERAL LICENSING AND REGISTRATION REQUIREMENTS
Sec. 60.001. SOLICITATION AT CONSUMER'S HOME. (a) In this
section, "solicit business" means to advertise an individual's
business practice, for which the individual is required to hold a
license or certificate of registration issued by a state regulatory
agency, to a consumer at the consumer's home, in person, for the
purpose of closing a sale or entering into a service agreement or
service contract with the consumer in the home.
(b) A state regulatory agency that determines that the
individuals licensed or registered by the agency solicit business
in consumers' homes as a regular business practice shall adopt
rules requiring each individual licensed or registered by the
agency to prominently display the individual's license or
certificate of registration number and the individual's signature
on any document evidencing the sale or any service agreement or
service contract that is provided by the individual to the
consumer.
(c) An individual who holds a license or certificate of
registration issued by a state regulatory agency that adopts rules
under Subsection (b) shall prominently display the individual's
license or certificate number and the individual's signature on the
document evidencing the sale or the service agreement or service
contract that is provided by the individual to the consumer.
Sec. 60.002. EXEMPTION. This chapter does not apply to:
(1) an individual employed by or acting on behalf of an
entity that holds a license or certificate of registration issued
by the Public Utility Commission of Texas;
(2) an entity controlling, controlled by, or under the
same common control as an entity that holds a license or certificate
of registration issued by the Public Utility Commission of Texas;
or
(3) an insurance agent licensed under Subtitle B,
Title 13, Insurance Code, other than an agent licensed to solicit
life, accident, and health insurance coverage who offers for sale
in the consumer's home a Medicare Advantage Plan.
Sec. 60.003. CIVIL PENALTY. (a) An individual is liable to
this state for a civil penalty of not more than $1,000 for each
violation if the individual:
(1) violates Section 60.001 or a rule adopted by a
state regulatory agency to enforce that section;
(2) represents that an expired license or certificate
of registration issued by a state regulatory agency is valid; or
(3) displays a counterfeit license or certificate of
registration or uses a counterfeit license or certificate number in
any document provided to the public.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
and
(4) any other matter that justice may require.
(c) The attorney general may sue to collect a civil penalty
under this section. In the suit the attorney general may recover,
on behalf of the state, the reasonable expenses incurred in
obtaining the penalty, including investigation and court costs,
reasonable attorney's fees, witness fees, and other expenses.
SECTION 2. Not later than December 1, 2009, a state
regulatory agency or the governing body of a state regulatory
agency, as appropriate, to which Chapter 60, Occupations Code, as
added by this Act, applies shall adopt the rules necessary to
implement that chapter.
SECTION 3. Notwithstanding Chapter 60, Occupations Code, as
added by this Act, an individual subject to that chapter is not
required to include the individual's license or certificate number
on documents provided to the public before January 1, 2010.
SECTION 4. This Act takes effect September 1, 2009.