Texas 2019 - 86th Regular

Texas House Bill HB2251 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R6813 CAE-F
2	2	By: Capriglione H.B. No. 2251
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain deceptive advertising of legal services;
8	8	imposing civil penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 81, Government Code, is amended by
11	11	adding Subchapter J to read as follows:
12	12	SUBCHAPTER J. DECEPTIVE ADVERTISING PRACTICES
13	13	Sec. 81.151. DEFINITIONS. In this subchapter:
14	14	(1) "Advertisement" means a communication that
15	15	provides information promoting a person's provision of legal
16	16	services. The term includes a communication through television,
17	17	radio, newspaper or other periodical, outdoor display, or other
18	18	written, electronic, or recorded communication, including an
19	19	Internet website operated for a commercial purpose.
20	20	(2) "Soliciting" means offering to provide legal
21	21	services through a written, recorded, or electronic communication
22	22	or by an in-person, telephone, or real-time electronic contact.
23	23	Sec. 81.152. PROHIBITED ADVERTISING. An advertisement for
24	24	legal services may not:
25	25	(1) present the advertisement as a "medical alert,"
26	26	"health alert," "consumer alert," "public service announcement,"
27	27	or similar phrase;
28	28	(2) display the logo of a federal or state government
29	29	agency in a manner that suggests affiliation with or sponsorship by
30	30	that agency; or
31	31	(3) use the term "recall" when referring to a product
32	32	that has not been recalled by a government agency or through an
33	33	agreement between a manufacturer and government agency.
34	34	Sec. 81.153. REQUIRED WARNINGS AND DISCLOSURES. (a) An
35	35	advertisement for legal services must disclose:
36	36	(1) at the beginning of the advertisement, "This is a
37	37	paid advertisement for legal services.";
38	38	(2) the identity of the sponsor of the advertisement;
39	39	and
40	40	(3) either:
41	41	(A) the identity of the attorney or law firm that
42	42	provides legal services to a client; or
43	43	(B) the manner in which a case is referred to an
44	44	attorney or law firm if the sponsor of the advertisement is not
45	45	legally authorized to provide legal services to a person responding
46	46	to the advertisement.
47	47	(b) An advertisement for legal services soliciting clients
48	48	who may allege an injury from a prescription drug approved by the
49	49	United States Food and Drug Administration must:
50	50	(1) include the warning: "Do not stop taking a
51	51	prescribed medication without first consulting with your
52	52	physician. Discontinuing a prescribed medication without seeking
53	53	your physician's advice can result in injury or death."; and
54	54	(2) disclose that the drug is approved by the United
55	55	States Food and Drug Administration unless the product has been
56	56	recalled or withdrawn.
57	57	(c) An advertisement for legal services soliciting clients
58	58	who may allege an injury from a medical device approved by the
59	59	United States Food and Drug Administration must disclose that the
60	60	medical device is approved by the United States Food and Drug
61	61	Administration unless the product has been recalled or withdrawn.
62	62	Sec. 81.154. FORM OF REQUIRED WARNINGS AND DISCLOSURES.
63	63	(a) Any warning or disclosure statement required by this
64	64	subchapter to appear in an advertisement must be presented clearly
65	65	and conspicuously.
66	66	(b) A written disclosure must be legible and, if televised
67	67	or displayed electronically, must be displayed for sufficient time
68	68	to enable the viewer to easily see and read the disclosure.
69	69	(c) A verbal disclosure must be audible and intelligible.
70	70	Sec. 81.155. INJUNCTION; RESTITUTION. (a) If the attorney
71	71	general or the prosecuting attorney in the county in which a
72	72	violation of this subchapter occurs has reason to believe that a
73	73	person is engaging in, has engaged in, or is about to engage in an
74	74	act or practice that violates this subchapter, the attorney general
75	75	or prosecuting attorney may bring an action in the name of the state
76	76	against the person to restrain that act or practice by temporary or
77	77	permanent injunction if an injunction is in the public interest.
78	78	(b) If a court issues a permanent injunction to restrain and
79	79	prevent a violation of this subchapter, the court may make an
80	80	additional order requiring restitution to a victim for medical
81	81	expenses or other expenses related to the violation.
82	82	Sec. 81.156. CIVIL PENALTY. (a) A person who violates this
83	83	subchapter is liable to the state for a civil penalty in an amount
84	84	not to exceed $20,000 for each violation. Each advertisement that
85	85	violates this subchapter constitutes a separate violation.
86	86	(b) The attorney general or the prosecuting attorney in the
87	87	county in which a violation occurs may bring suit to recover the
88	88	civil penalty imposed under Subsection (a).
89	89	(c) The attorney general or prosecuting attorney may
90	90	recover reasonable expenses incurred in obtaining a civil penalty
91	91	under this section, including court costs, attorney's fees,
92	92	investigative costs, witness fees, and deposition expenses.
93	93	(d) The civil penalty provided by this section is in
94	94	addition to injunctive relief or any other remedy that may be
95	95	granted under Section 81.155.
96	96	Sec. 81.157. CONSTRUCTION OF SUBCHAPTER. This subchapter
97	97	may not be construed to limit or otherwise affect the authority of
98	98	the Supreme Court of Texas to regulate the practice of law, enforce
99	99	the Texas Disciplinary Rules of Professional Conduct, or discipline
100	100	persons admitted to the state bar.
101	101	SECTION 2. The change in law made by this Act applies only
102	102	to a cause of action that accrues on or after the effective date of
103	103	this Act. A cause of action that accrued before the effective date
104	104	of this Act is governed by the law in effect immediately before the
105	105	effective date of this Act, and that law is continued in effect for
106	106	that purpose.
107	107	SECTION 3. This Act takes effect September 1, 2019.