S.B. No. 1189
AN ACT
relating to certain deceptive advertising of legal services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 81, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. DECEPTIVE ADVERTISING PRACTICES
Sec. 81.151. APPLICABILITY. (a) This subchapter applies
only to a television advertisement that promotes a person's
provision of legal services or solicits clients to receive legal
services.
(b) This subchapter does not apply to an advertisement by a
federal, state, or local government entity.
Sec. 81.152. PROHIBITED ADVERTISING. An advertisement for
legal services may not:
(1) present the advertisement as a "medical alert,"
"health alert," "drug alert," "public service announcement," or
substantially similar phrase that suggests to a reasonable viewer
the advertisement is offering professional, medical, or government
agency advice about medications or medical devices rather than
legal services;
(2) display the logo of a federal or state government
agency in a manner that suggests to a reasonable viewer the
advertisement is presented by a federal or state government agency
or by an entity approved by or affiliated with a federal or state
government agency; or
(3) use the term "recall" when referring to a product
that has not been recalled by a government agency or through an
agreement between a manufacturer and government agency.
Sec. 81.153. REQUIRED WARNINGS AND DISCLOSURES. (a) An
advertisement for legal services must state, both verbally and
visually:
(1) at the beginning of the advertisement, "This is a
paid advertisement for legal services.";
(2) the identity of the sponsor of the advertisement;
and
(3) either:
(A) the identity of the attorney or law firm
primarily responsible for providing solicited legal services to a
person who engages the attorney or law firm in response to the
advertisement; or
(B) the manner in which a responding person's
case is referred to an attorney or law firm if the sponsor of the
advertisement is not legally authorized to provide legal services
to clients.
(b) An advertisement for legal services soliciting clients
who may allege an injury from a prescription drug approved by the
United States Food and Drug Administration must include a verbal
and visual statement: "Do not stop taking a prescribed medication
without first consulting a physician."
Sec. 81.154. FORM OF REQUIRED WARNINGS AND DISCLOSURES;
COURT FINDINGS. (a) A visual statement required by this
subchapter to appear in an advertisement must be presented clearly,
conspicuously, and for a sufficient length of time for a viewer to
see and read the statement.
(b) A court may not find that a visual statement in an
advertisement is noncompliant with Subsection (a) if the statement
is presented in the same size and style of font and for the same
duration as a visual reference to the telephone number or Internet
website of the entity a responding person contacts for the legal
services offered or discussed in the advertisement.
(c) A verbal statement required by this subchapter to appear
in an advertisement must be audible, intelligible, and presented
with equal prominence as the other parts of the advertisement.
(d) A court may not find that a verbal statement in an
advertisement is noncompliant with Subsection (c) if the statement
is made at approximately the same volume and uses approximately the
same number of words per minute as the voice-over of longest
duration in the advertisement other than information required by
this subchapter.
Sec. 81.155. ENFORCEMENT; PRIVATE CAUSE OF ACTION NOT
CREATED. (a) A violation of this subchapter is a deceptive act or
practice actionable under Subchapter E, Chapter 17, Business &
Commerce Code, solely as an enforcement action by the consumer
protection division of the attorney general's office or by a
district or county attorney as provided by that subchapter. All
remedies available under that subchapter are available for a
violation of this subchapter.
(b) This subchapter does not create a private cause of
action.
(c) Notwithstanding Subsection (a), if the advertising
review committee of the State Bar of Texas reviews, in accordance
with the committee's procedures, an advertisement for compliance
with this subchapter before the first dissemination of the
advertisement and the committee informs the sponsor of the
advertisement that the advertisement is in compliance with this
subchapter and the applicable advertising standards in the Texas
Disciplinary Rules of Professional Conduct, the consumer
protection division of the attorney general's office or a district
or county attorney may not pursue an action under Subsection (a)
unless:
(1) the consumer protection division or the district
or county attorney demanded that the sponsor of the advertisement
cease further dissemination of the advertisement;
(2) the sponsor of the advertisement is given a
reasonable amount of time to ensure the advertisement is withdrawn
from dissemination to the public; and
(3) the sponsor of the advertisement fails to ensure
the advertisement is withdrawn from dissemination to the public
within the time provided.
Sec. 81.156. CONSTRUCTION OF SUBCHAPTER. This subchapter
may not be construed to limit or otherwise affect the authority of
the Supreme Court of Texas to regulate the practice of law, enforce
the Texas Disciplinary Rules of Professional Conduct, or discipline
persons admitted to the state bar.
SECTION 2. The change in law made by this Act applies only
to an advertisement that is presented on or after the effective date
of this Act. An advertisement presented before the effective date
of this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1189 passed the Senate on
April 11, 2019, by the following vote: Yeas 20, Nays 10; and that
the Senate concurred in House amendment on May 21, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1189 passed the House, with
amendment, on May 16, 2019, by the following vote: Yeas 112,
Nays 21, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor