| 1 | 1 | | 85R5197 GRM-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 3459 |
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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 requiring a business to pre-disclose the recording of a |
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| 8 | 8 | | telephone conversation with a consumer; providing a civil penalty. |
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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. Subtitle A, Title 10, Business & Commerce Code, |
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| 11 | 11 | | is amended by adding Chapter 307 to read as follows: |
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| 12 | 12 | | CHAPTER 307. RECORDING CONSUMER TELEPHONE CALLS |
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| 13 | 13 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 14 | 14 | | Sec. 307.001. DEFINITION. In this chapter, "consumer" |
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| 15 | 15 | | means an individual who is solicited to purchase or lease or who |
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| 16 | 16 | | purchases or leases a good or service that is to be used primarily |
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| 17 | 17 | | for personal, family, or household purposes. |
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| 18 | 18 | | Sec. 307.002. APPLICABILITY. This chapter does not apply |
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| 19 | 19 | | to a telephone call made by an educational institution or a |
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| 20 | 20 | | nonprofit organization exempt from taxation under Section |
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| 21 | 21 | | 501(c)(3), Internal Revenue Code of 1986. |
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| 22 | 22 | | SUBCHAPTER B. PROHIBITED CONDUCT OR ACTIVITY |
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| 23 | 23 | | Sec. 307.051. RECORDING CERTAIN TELEPHONE CONVERSATIONS |
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| 24 | 24 | | WITHOUT DISCLOSURE PROHIBITED. Before a business records a |
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| 25 | 25 | | telephone call with a consumer, the business must disclose to the |
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| 26 | 26 | | consumer that the conversation is being recorded. |
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| 27 | 27 | | SUBCHAPTER C. ENFORCEMENT |
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| 28 | 28 | | Sec. 307.101. INVESTIGATION BY ATTORNEY GENERAL'S OFFICE. |
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| 29 | 29 | | The attorney general's office may investigate a complaint relating |
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| 30 | 30 | | to a violation of this chapter. |
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| 31 | 31 | | Sec. 307.102. INJUNCTIVE RELIEF. A district court, on |
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| 32 | 32 | | petition of the attorney general and on finding that a business is |
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| 33 | 33 | | violating this chapter, may issue an injunction prohibiting the |
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| 34 | 34 | | business from continuing the violation. |
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| 35 | 35 | | Sec. 307.103. CIVIL PENALTY. (a) A business that knowingly |
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| 36 | 36 | | violates this chapter is liable to this state for a civil penalty in |
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| 37 | 37 | | an amount not to exceed $500 for each violation. |
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| 38 | 38 | | (b) In addition to bringing an action for injunctive relief |
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| 39 | 39 | | under Section 307.102, the attorney general may bring an action for |
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| 40 | 40 | | the recovery of a civil penalty imposed under this section. |
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| 41 | 41 | | (c) The attorney general may recover reasonable attorney's |
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| 42 | 42 | | fees and court costs incurred in recovering the civil penalty. |
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| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2017. |
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