| 1 | 1 | | 85R15625 GRM-F |
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| 2 | 2 | | By: Guillen H.B. No. 3322 |
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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 the use of certain words to imply that a person who is |
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| 8 | 8 | | not an attorney is authorized to practice immigration law and the |
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| 9 | 9 | | prosecution of a cause of action arising from that practice and |
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| 10 | 10 | | educational requirements for a notary public appointment; |
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| 11 | 11 | | authorizing a fee; affecting the prosecution of a criminal offense. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 17.46(b), Business & Commerce Code, as |
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| 14 | 14 | | amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts of |
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| 15 | 15 | | the 84th Legislature, Regular Session, 2015, is reenacted and |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | (b) Except as provided in Subsection (d) of this section, |
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| 18 | 18 | | the term "false, misleading, or deceptive acts or practices" |
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| 19 | 19 | | includes, but is not limited to, the following acts: |
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| 20 | 20 | | (1) passing off goods or services as those of another; |
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| 21 | 21 | | (2) causing confusion or misunderstanding as to the |
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| 22 | 22 | | source, sponsorship, approval, or certification of goods or |
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| 23 | 23 | | services; |
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| 24 | 24 | | (3) causing confusion or misunderstanding as to |
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| 25 | 25 | | affiliation, connection, or association with, or certification by, |
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| 26 | 26 | | another; |
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| 27 | 27 | | (4) using deceptive representations or designations |
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| 28 | 28 | | of geographic origin in connection with goods or services; |
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| 29 | 29 | | (5) representing that goods or services have |
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| 30 | 30 | | sponsorship, approval, characteristics, ingredients, uses, |
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| 31 | 31 | | benefits, or quantities which they do not have or that a person has |
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| 32 | 32 | | a sponsorship, approval, status, affiliation, or connection which |
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| 33 | 33 | | the person does not; |
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| 34 | 34 | | (6) representing that goods are original or new if |
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| 35 | 35 | | they are deteriorated, reconditioned, reclaimed, used, or |
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| 36 | 36 | | secondhand; |
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| 37 | 37 | | (7) representing that goods or services are of a |
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| 38 | 38 | | particular standard, quality, or grade, or that goods are of a |
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| 39 | 39 | | particular style or model, if they are of another; |
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| 40 | 40 | | (8) disparaging the goods, services, or business of |
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| 41 | 41 | | another by false or misleading representation of facts; |
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| 42 | 42 | | (9) advertising goods or services with intent not to |
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| 43 | 43 | | sell them as advertised; |
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| 44 | 44 | | (10) advertising goods or services with intent not to |
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| 45 | 45 | | supply a reasonable expectable public demand, unless the |
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| 46 | 46 | | advertisements disclosed a limitation of quantity; |
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| 47 | 47 | | (11) making false or misleading statements of fact |
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| 48 | 48 | | concerning the reasons for, existence of, or amount of price |
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| 49 | 49 | | reductions; |
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| 50 | 50 | | (12) representing that an agreement confers or |
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| 51 | 51 | | involves rights, remedies, or obligations which it does not have or |
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| 52 | 52 | | involve, or which are prohibited by law; |
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| 53 | 53 | | (13) knowingly making false or misleading statements |
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| 54 | 54 | | of fact concerning the need for parts, replacement, or repair |
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| 55 | 55 | | service; |
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| 56 | 56 | | (14) misrepresenting the authority of a salesman, |
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| 57 | 57 | | representative or agent to negotiate the final terms of a consumer |
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| 58 | 58 | | transaction; |
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| 59 | 59 | | (15) basing a charge for the repair of any item in |
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| 60 | 60 | | whole or in part on a guaranty or warranty instead of on the value of |
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| 61 | 61 | | the actual repairs made or work to be performed on the item without |
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| 62 | 62 | | stating separately the charges for the work and the charge for the |
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| 63 | 63 | | warranty or guaranty, if any; |
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| 64 | 64 | | (16) disconnecting, turning back, or resetting the |
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| 65 | 65 | | odometer of any motor vehicle so as to reduce the number of miles |
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| 66 | 66 | | indicated on the odometer gauge; |
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| 67 | 67 | | (17) advertising of any sale by fraudulently |
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| 68 | 68 | | representing that a person is going out of business; |
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| 69 | 69 | | (18) advertising, selling, or distributing a card |
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| 70 | 70 | | which purports to be a prescription drug identification card issued |
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| 71 | 71 | | under Section 4151.152, Insurance Code, in accordance with rules |
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| 72 | 72 | | adopted by the commissioner of insurance, which offers a discount |
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| 73 | 73 | | on the purchase of health care goods or services from a third party |
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| 74 | 74 | | provider, and which is not evidence of insurance coverage, unless: |
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| 75 | 75 | | (A) the discount is authorized under an agreement |
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| 76 | 76 | | between the seller of the card and the provider of those goods and |
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| 77 | 77 | | services or the discount or card is offered to members of the |
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| 78 | 78 | | seller; |
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| 79 | 79 | | (B) the seller does not represent that the card |
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| 80 | 80 | | provides insurance coverage of any kind; and |
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| 81 | 81 | | (C) the discount is not false, misleading, or |
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| 82 | 82 | | deceptive; |
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| 83 | 83 | | (19) using or employing a chain referral sales plan in |
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| 84 | 84 | | connection with the sale or offer to sell of goods, merchandise, or |
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| 85 | 85 | | anything of value, which uses the sales technique, plan, |
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| 86 | 86 | | arrangement, or agreement in which the buyer or prospective buyer |
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| 87 | 87 | | is offered the opportunity to purchase merchandise or goods and in |
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| 88 | 88 | | connection with the purchase receives the seller's promise or |
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| 89 | 89 | | representation that the buyer shall have the right to receive |
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| 90 | 90 | | compensation or consideration in any form for furnishing to the |
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| 91 | 91 | | seller the names of other prospective buyers if receipt of the |
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| 92 | 92 | | compensation or consideration is contingent upon the occurrence of |
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| 93 | 93 | | an event subsequent to the time the buyer purchases the merchandise |
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| 94 | 94 | | or goods; |
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| 95 | 95 | | (20) representing that a guaranty or warranty confers |
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| 96 | 96 | | or involves rights or remedies which it does not have or involve, |
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| 97 | 97 | | provided, however, that nothing in this subchapter shall be |
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| 98 | 98 | | construed to expand the implied warranty of merchantability as |
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| 99 | 99 | | defined in Sections 2.314 through 2.318 and Sections 2A.212 through |
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| 100 | 100 | | 2A.216 to involve obligations in excess of those which are |
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| 101 | 101 | | appropriate to the goods; |
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| 102 | 102 | | (21) promoting a pyramid promotional scheme, as |
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| 103 | 103 | | defined by Section 17.461; |
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| 104 | 104 | | (22) representing that work or services have been |
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| 105 | 105 | | performed on, or parts replaced in, goods when the work or services |
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| 106 | 106 | | were not performed or the parts replaced; |
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| 107 | 107 | | (23) filing suit founded upon a written contractual |
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| 108 | 108 | | obligation of and signed by the defendant to pay money arising out |
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| 109 | 109 | | of or based on a consumer transaction for goods, services, loans, or |
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| 110 | 110 | | extensions of credit intended primarily for personal, family, |
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| 111 | 111 | | household, or agricultural use in any county other than in the |
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| 112 | 112 | | county in which the defendant resides at the time of the |
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| 113 | 113 | | commencement of the action or in the county in which the defendant |
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| 114 | 114 | | in fact signed the contract; provided, however, that a violation of |
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| 115 | 115 | | this subsection shall not occur where it is shown by the person |
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| 116 | 116 | | filing such suit that the person neither knew or had reason to know |
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| 117 | 117 | | that the county in which such suit was filed was neither the county |
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| 118 | 118 | | in which the defendant resides at the commencement of the suit nor |
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| 119 | 119 | | the county in which the defendant in fact signed the contract; |
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| 120 | 120 | | (24) failing to disclose information concerning goods |
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| 121 | 121 | | or services which was known at the time of the transaction if such |
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| 122 | 122 | | failure to disclose such information was intended to induce the |
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| 123 | 123 | | consumer into a transaction into which the consumer would not have |
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| 124 | 124 | | entered had the information been disclosed; |
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| 125 | 125 | | (25) using the term "corporation," "incorporated," or |
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| 126 | 126 | | an abbreviation of either of those terms in the name of a business |
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| 127 | 127 | | entity that is not incorporated under the laws of this state or |
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| 128 | 128 | | another jurisdiction; |
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| 129 | 129 | | (26) selling, offering to sell, or illegally promoting |
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| 130 | 130 | | an annuity contract under Chapter 22, Acts of the 57th Legislature, |
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| 131 | 131 | | 3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil |
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| 132 | 132 | | Statutes), with the intent that the annuity contract will be the |
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| 133 | 133 | | subject of a salary reduction agreement, as defined by that Act, if |
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| 134 | 134 | | the annuity contract is not an eligible qualified investment under |
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| 135 | 135 | | that Act or is not registered with the Teacher Retirement System of |
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| 136 | 136 | | Texas as required by Section 8A of that Act; |
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| 137 | 137 | | (27) taking advantage of a disaster declared by the |
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| 138 | 138 | | governor under Chapter 418, Government Code, by: |
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| 139 | 139 | | (A) selling or leasing fuel, food, medicine, or |
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| 140 | 140 | | another necessity at an exorbitant or excessive price; or |
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| 141 | 141 | | (B) demanding an exorbitant or excessive price in |
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| 142 | 142 | | connection with the sale or lease of fuel, food, medicine, or |
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| 143 | 143 | | another necessity; |
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| 144 | 144 | | (28) using the translation into a foreign language of |
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| 145 | 145 | | a title or other word, including "attorney," "immigration |
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| 146 | 146 | | consultant," "immigration expert," "lawyer," "licensed," "notary," |
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| 147 | 147 | | and "notary public," in any written or electronic material, |
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| 148 | 148 | | including an advertisement, a business card, a letterhead, |
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| 149 | 149 | | stationery, a website, or an online video, in reference to a person |
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| 150 | 150 | | who is not an attorney in order to imply that the person is |
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| 151 | 151 | | authorized to practice law in the United States; |
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| 152 | 152 | | (29) [(28)] delivering or distributing a solicitation |
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| 153 | 153 | | in connection with a good or service that: |
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| 154 | 154 | | (A) represents that the solicitation is sent on |
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| 155 | 155 | | behalf of a governmental entity when it is not; or |
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| 156 | 156 | | (B) resembles a governmental notice or form that |
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| 157 | 157 | | represents or implies that a criminal penalty may be imposed if the |
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| 158 | 158 | | recipient does not remit payment for the good or service; |
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| 159 | 159 | | (30) [(29)] delivering or distributing a solicitation |
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| 160 | 160 | | in connection with a good or service that resembles a check or other |
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| 161 | 161 | | negotiable instrument or invoice, unless the portion of the |
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| 162 | 162 | | solicitation that resembles a check or other negotiable instrument |
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| 163 | 163 | | or invoice includes the following notice, clearly and conspicuously |
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| 164 | 164 | | printed in at least 18-point type: |
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| 165 | 165 | | "SPECIMEN-NON-NEGOTIABLE"; |
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| 166 | 166 | | (31) [(30)] in the production, sale, distribution, or |
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| 167 | 167 | | promotion of a synthetic substance that produces and is intended to |
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| 168 | 168 | | produce an effect when consumed or ingested similar to, or in excess |
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| 169 | 169 | | of, the effect of a controlled substance or controlled substance |
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| 170 | 170 | | analogue, as those terms are defined by Section 481.002, Health and |
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| 171 | 171 | | Safety Code: |
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| 172 | 172 | | (A) making a deceptive representation or |
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| 173 | 173 | | designation about the synthetic substance; or |
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| 174 | 174 | | (B) causing confusion or misunderstanding as to |
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| 175 | 175 | | the effects the synthetic substance causes when consumed or |
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| 176 | 176 | | ingested; or |
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| 177 | 177 | | (32) [(31)] a licensed public insurance adjuster |
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| 178 | 178 | | directly or indirectly soliciting employment, as defined by Section |
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| 179 | 179 | | 38.01, Penal Code, for an attorney, or a licensed public insurance |
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| 180 | 180 | | adjuster entering into a contract with an insured for the primary |
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| 181 | 181 | | purpose of referring the insured to an attorney without the intent |
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| 182 | 182 | | to actually perform the services customarily provided by a licensed |
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| 183 | 183 | | public insurance adjuster, provided that this subdivision may not |
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| 184 | 184 | | be construed to prohibit a licensed public insurance adjuster from |
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| 185 | 185 | | recommending a particular attorney to an insured. |
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| 186 | 186 | | SECTION 2. Subchapter A, Chapter 406, Government Code, is |
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| 187 | 187 | | amended by adding Section 406.0045 to read as follows: |
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| 188 | 188 | | Sec. 406.0045. REQUIRED EDUCATIONAL COURSE. (a) An |
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| 189 | 189 | | applicant for an initial appointment as a notary public shall |
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| 190 | 190 | | complete an educational course approved by the secretary of state. |
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| 191 | 191 | | The educational course may be an online, self-study, or classroom |
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| 192 | 192 | | course. |
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| 193 | 193 | | (b) The secretary of state shall adopt rules necessary to |
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| 194 | 194 | | implement the educational course requirement imposed by Subsection |
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| 195 | 195 | | (a). The rules must: |
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| 196 | 196 | | (1) establish the standards for an educational course; |
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| 197 | 197 | | (2) establish the procedures for approving an |
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| 198 | 198 | | educational course; and |
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| 199 | 199 | | (3) set a nonrefundable vendor application and renewal |
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| 200 | 200 | | fee for a vendor of an educational course in an amount sufficient to |
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| 201 | 201 | | administer this section. |
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| 202 | 202 | | (c) The secretary of state may provide an educational course |
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| 203 | 203 | | to satisfy the requirements of Subsection (a). |
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| 204 | 204 | | (d) A fee received by the secretary of state under |
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| 205 | 205 | | Subsection (b)(3) must be appropriated to and used by the secretary |
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| 206 | 206 | | of state to administer this section. |
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| 207 | 207 | | SECTION 3. Section 406.005, Government Code, is amended by |
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| 208 | 208 | | adding Subsection (c) to read as follows: |
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| 209 | 209 | | (c) An application for an initial appointment under this |
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| 210 | 210 | | section must include a statement that the applicant has completed |
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| 211 | 211 | | an educational course required by Section 406.0045. |
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| 212 | 212 | | SECTION 4. Section 406.006, Government Code, is amended to |
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| 213 | 213 | | read as follows: |
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| 214 | 214 | | Sec. 406.006. QUALIFICATION. An individual qualifies by: |
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| 215 | 215 | | (1) properly completing the application form; |
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| 216 | 216 | | (2) executing the statement; |
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| 217 | 217 | | (3) providing the bond, if required; |
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| 218 | 218 | | (4) paying the required filing fees; [and] |
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| 219 | 219 | | (5) meeting the eligibility requirements; and |
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| 220 | 220 | | (6) providing a statement of completion of an |
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| 221 | 221 | | educational course if required by Section 406.0045. |
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| 222 | 222 | | SECTION 5. Section 406.007(a), Government Code, is amended |
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| 223 | 223 | | to read as follows: |
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| 224 | 224 | | (a) The applicant must submit to the secretary of state: |
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| 225 | 225 | | (1) a fee of $10 for approving and filing the bond of |
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| 226 | 226 | | the notary public, if required; and |
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| 227 | 227 | | (2) a fee of $1 to be appropriated to and used by the |
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| 228 | 228 | | secretary of state [only] for: |
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| 229 | 229 | | (A) hiring an investigator; |
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| 230 | 230 | | (B) administering and managing an educational |
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| 231 | 231 | | course under Section 406.0045(c); and |
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| 232 | 232 | | (C) [for] preparing and distributing the |
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| 233 | 233 | | materials required to be distributed under Section 406.008. |
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| 234 | 234 | | SECTION 6. Section 406.011, Government Code, is amended by |
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| 235 | 235 | | adding Subsection (c) to read as follows: |
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| 236 | 236 | | (c) Section 406.0045 does not apply to a notary public |
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| 237 | 237 | | applying for reappointment under this section. |
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| 238 | 238 | | SECTION 7. Section 406.017, Government Code, is amended by |
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| 239 | 239 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 240 | 240 | | follows: |
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| 241 | 241 | | (a) A person commits an offense if the person is a notary |
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| 242 | 242 | | public and the person: |
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| 243 | 243 | | (1) states or implies that the person is an attorney |
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| 244 | 244 | | licensed to practice law in this state; |
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| 245 | 245 | | (2) solicits or accepts compensation to prepare |
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| 246 | 246 | | documents for or otherwise represent the interest of another in a |
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| 247 | 247 | | judicial or administrative proceeding, including a proceeding |
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| 248 | 248 | | relating to immigration or admission to the United States, United |
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| 249 | 249 | | States citizenship, or related matters; |
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| 250 | 250 | | (3) solicits or accepts compensation to obtain relief |
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| 251 | 251 | | of any kind on behalf of another from any officer, agency, or |
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| 252 | 252 | | employee of this state or the United States; |
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| 253 | 253 | | (4) uses the phrase "notario" or "notario publico" to |
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| 254 | 254 | | advertise the services of a notary public, whether by signs, |
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| 255 | 255 | | pamphlets, stationery, or other written communication or by radio |
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| 256 | 256 | | or television; or |
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| 257 | 257 | | (5) advertises the services of a notary public in a |
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| 258 | 258 | | language other than English, whether by signs, pamphlets, |
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| 259 | 259 | | stationery, or other written communication or by radio or |
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| 260 | 260 | | television, if the person does not post or otherwise include with |
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| 261 | 261 | | the advertisement a notice that complies with Subsection (b). |
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| 262 | 262 | | (a-1) A person does not violate this section by offering or |
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| 263 | 263 | | providing language translation or typing services and accepting |
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| 264 | 264 | | compensation. |
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| 265 | 265 | | SECTION 8. The change in law made by this Act to Section |
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| 266 | 266 | | 17.46(b), Business & Commerce Code, applies only to a cause of |
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| 267 | 267 | | action that accrues on or after the effective date of this Act. A |
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| 268 | 268 | | cause of action that accrued before the effective date of this Act |
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| 269 | 269 | | is governed by the law in effect immediately before the effective |
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| 270 | 270 | | date of this Act, and that law is continued in effect for that |
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| 271 | 271 | | purpose. |
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| 272 | 272 | | SECTION 9. The changes in law made by this Act to Chapter |
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| 273 | 273 | | 406, Government Code, apply only to an application for a notary |
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| 274 | 274 | | public appointment received and qualified on or after September 1, |
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| 275 | 275 | | 2018. An application received and qualified before September 1, |
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| 276 | 276 | | 2018, is governed by the law as it existed immediately before the |
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| 277 | 277 | | effective date of this Act, and that law is continued in effect for |
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| 278 | 278 | | that purpose. |
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| 279 | 279 | | SECTION 10. The change in law made by this Act to Section |
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| 280 | 280 | | 406.017, Government Code, applies only to an offense committed on |
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| 281 | 281 | | or after the effective date of this Act. An offense committed before |
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| 282 | 282 | | the effective date of this Act is governed by the law in effect when |
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| 283 | 283 | | the offense was committed, and the former law is continued in effect |
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| 284 | 284 | | for that purpose. For purposes of this section, an offense was |
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| 285 | 285 | | committed before the effective date of this Act if any element of |
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| 286 | 286 | | the offense occurred before that date. |
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| 287 | 287 | | SECTION 11. To the extent of any conflict, this Act prevails |
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| 288 | 288 | | over another Act of the 85th Legislature, Regular Session, 2017, |
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| 289 | 289 | | relating to nonsubstantive additions to and corrections in enacted |
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| 290 | 290 | | codes. |
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| 291 | 291 | | SECTION 12. This Act takes effect January 1, 2018. |
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