Texas 2019 - 86th Regular

Texas Senate Bill SB1189 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1189
	1	+	By: Buckingham, et al. S.B. No. 1189
	2	+	(Capriglione)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to certain deceptive advertising of legal services.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Chapter 81, Government Code, is amended by
8	10		adding Subchapter J to read as follows:
9	11		SUBCHAPTER J. DECEPTIVE ADVERTISING PRACTICES
10	12		Sec. 81.151. APPLICABILITY. (a) This subchapter applies
11	13		only to a television advertisement that promotes a person's
12	14		provision of legal services or solicits clients to receive legal
13	15		services.
14	16		(b) This subchapter does not apply to an advertisement by a
15	17		federal, state, or local government entity.
16	18		Sec. 81.152. PROHIBITED ADVERTISING. An advertisement for
17	19		legal services may not:
18	20		(1) present the advertisement as a "medical alert,"
19		-	"health alert," "drug alert," "public service ~~announcement," or~~
20		-	substantially similar phrase that suggests to a ~~reasonable viewer~~
21		-	the advertisement is offering professional, ~~medical, or government~~
22		-	agency advice about medications or medical ~~devices rather than~~
23		-	legal services;
	21	+	"health alert," "consumer alert," "drug alert," "public service
	22	+	announcement," or substantially similar phrase that suggests to a
	23	+	reasonable viewer the advertisement is offering professional,
	24	+	medical, or government agency advice about medications or medical
	25	+	devices rather than legal services;
24	26		(2) display the logo of a federal or state government
25	27		agency in a manner that suggests to a reasonable viewer the
26	28		advertisement is presented by a federal or state government agency
27	29		or by an entity approved by or affiliated with a federal or state
28	30		government agency; or
29	31		(3) use the term "recall" when referring to a product
30	32		that has not been recalled by a government agency or through an
31	33		agreement between a manufacturer and government agency.
32	34		Sec. 81.153. REQUIRED WARNINGS AND DISCLOSURES. (a) An
33	35		advertisement for legal services must state, both verbally and
34	36		visually:
35	37		(1) at the beginning of the advertisement, "This is a
36	38		paid advertisement for legal services.";
37	39		(2) the identity of the sponsor of the advertisement;
38	40		and
39	41		(3) either:
40	42		(A) the identity of the attorney or law firm
41	43		primarily responsible for providing solicited legal services to a
42	44		person who engages the attorney or law firm in response to the
43	45		advertisement; or
44	46		(B) the manner in which a responding person's
45	47		case is referred to an attorney or law firm if the sponsor of the
46	48		advertisement is not legally authorized to provide legal services
47	49		to clients.
48	50		(b) An advertisement for legal services soliciting clients
49	51		who may allege an injury from a prescription drug approved by the
50	52		United States Food and Drug Administration must include a verbal
51	53		and visual statement: "Do not stop taking a prescribed medication
52	54		without first consulting a physician."
53	55		Sec. 81.154. FORM OF REQUIRED WARNINGS AND DISCLOSURES;
54	56		COURT FINDINGS. (a) A visual statement required by this
55	57		subchapter to appear in an advertisement must be presented clearly,
56	58		conspicuously, and for a sufficient length of time for a viewer to
57	59		see and read the statement.
58	60		(b) A court may not find that a visual statement in an
59	61		advertisement is noncompliant with Subsection (a) if the statement
60	62		is presented in the same size and style of font and for the same
61	63		duration as a visual reference to the telephone number or Internet
62	64		website of the entity a responding person contacts for the legal
63	65		services offered or discussed in the advertisement.
64	66		(c) A verbal statement required by this subchapter to appear
65	67		in an advertisement must be audible, intelligible, and presented
66	68		with equal prominence as the other parts of the advertisement.
67	69		(d) A court may not find that a verbal statement in an
68	70		advertisement is noncompliant with Subsection (c) if the statement
69	71		is made at approximately the same volume and uses approximately the
70	72		same number of words per minute as the voice-over of longest
71	73		duration in the advertisement other than information required by
72	74		this subchapter.
73	75		Sec. 81.155. ENFORCEMENT; PRIVATE CAUSE OF ACTION NOT
74	76		CREATED. (a) A violation of this subchapter is a deceptive act or
75	77		practice actionable under Subchapter E, Chapter 17, Business &
76		-	Commerce Code, solely as an enforcement action by the consumer
77		-	protection division of the attorney general's office or by a
	78	+	Commerce Code, and may be enforced by the attorney general or a
78	79		district or county attorney as provided by that subchapter. All
79	80		remedies available under that subchapter are available for a
80	81		violation of this subchapter.
81	82		(b) This subchapter does not create a private cause of
82	83		action.
83		-	(c) Notwithstanding Subsection (a), if the advertising
84		-	review committee of the State Bar of Texas reviews, in accordance
85		-	with the committee's procedures, an advertisement for compliance
86		-	with this subchapter before the first dissemination of the
87		-	advertisement and the committee informs the sponsor of the
88		-	advertisement that the advertisement is in compliance with this
89		-	subchapter and the applicable advertising standards in the Texas
90		-	Disciplinary Rules of Professional Conduct, the consumer
91		-	protection division of the attorney general's office or a district
92		-	or county attorney may not pursue an action under Subsection (a)
93		-	unless:
94		-	(1) the consumer protection division or the district
95		-	or county attorney demanded that the sponsor of the advertisement
96		-	cease further dissemination of the advertisement;
97		-	(2) the sponsor of the advertisement is given a
98		-	reasonable amount of time to ensure the advertisement is withdrawn
99		-	from dissemination to the public; and
100		-	(3) the sponsor of the advertisement fails to ensure
101		-	the advertisement is withdrawn from dissemination to the public
102		-	within the time provided.
103	84		Sec. 81.156. CONSTRUCTION OF SUBCHAPTER. This subchapter
104	85		may not be construed to limit or otherwise affect the authority of
105	86		the Supreme Court of Texas to regulate the practice of law, enforce
106	87		the Texas Disciplinary Rules of Professional Conduct, or discipline
107	88		persons admitted to the state bar.
108	89		SECTION 2. The change in law made by this Act applies only
109	90		to an advertisement that is presented on or after the effective date
110	91		of this Act. An advertisement presented before the effective date
111	92		of this Act is governed by the law in effect immediately before the
112	93		effective date of this Act, and that law is continued in effect for
113	94		that purpose.
114	95		SECTION 3. This Act takes effect September 1, 2019.
115		-	______________________________ ______________________________
116		-	President of the Senate Speaker of the House
117		-	I hereby certify that S.B. No. 1189 passed the Senate on
118		-	April 11, 2019, by the following vote: Yeas 20, Nays 10; and that
119		-	the Senate concurred in House amendment on May 21, 2019, by the
120		-	following vote: Yeas 31, Nays 0.
121		-	______________________________
122		-	Secretary of the Senate
123		-	I hereby certify that S.B. No. 1189 passed the House, with
124		-	amendment, on May 16, 2019, by the following vote: Yeas 112,
125		-	Nays 21, two present not voting.
126		-	______________________________
127		-	Chief Clerk of the House
128		-	Approved:
129		-	______________________________
130		-	Date
131		-	______________________________
132		-	Governor