| 1 | 1 | | 89R15698 SCR-F |
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| 2 | 2 | | By: Wilson H.B. No. 4899 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to private rights of action arising from certain |
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| 10 | 10 | | solicitation-related communications. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 302.001(7), Business & Commerce Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (7) "Telephone solicitation" means a [telephone] call |
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| 15 | 15 | | or other transmission, including a transmission of a text or |
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| 16 | 16 | | graphic message or of an image, initiated by a seller or salesperson |
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| 17 | 17 | | [initiates] to induce a person to purchase, rent, claim, or receive |
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| 18 | 18 | | an item. The term includes a telephone call a purchaser makes in |
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| 19 | 19 | | response to a solicitation sent by mail or made by any other means. |
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| 20 | 20 | | SECTION 2. Section 302.003, Business & Commerce Code, is |
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| 21 | 21 | | amended to read as follows: |
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| 22 | 22 | | Sec. 302.003. LIBERAL CONSTRUCTION AND APPLICATION. (a) |
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| 23 | 23 | | This chapter shall be liberally construed and applied to promote |
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| 24 | 24 | | its underlying purpose to protect persons and the public against |
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| 25 | 25 | | false, misleading, or deceptive practices in the telephone |
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| 26 | 26 | | solicitation business. |
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| 27 | 27 | | (b) The fact that a claimant has recovered under a private |
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| 28 | 28 | | action arising from a violation of this chapter more than once may |
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| 29 | 29 | | not limit recovery in a future legal proceeding in any manner. |
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| 30 | 30 | | SECTION 3. Section 304.005, Business & Commerce Code, is |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | Sec. 304.005. LIBERAL CONSTRUCTION AND APPLICATION. (a) |
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| 33 | 33 | | This chapter shall be liberally construed and applied to promote |
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| 34 | 34 | | its underlying purpose to protect persons and the public against |
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| 35 | 35 | | false, misleading, abusive, or deceptive practices in the |
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| 36 | 36 | | telemarketing business. |
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| 37 | 37 | | (b) The fact that a claimant has recovered under a private |
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| 38 | 38 | | action arising from a violation of this chapter more than once may |
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| 39 | 39 | | not limit recovery in a future legal proceeding in any manner. |
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| 40 | 40 | | SECTION 4. Subchapter F, Chapter 304, Business & Commerce |
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| 41 | 41 | | Code, is amended by adding Section 304.2581 to read as follows: |
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| 42 | 42 | | Sec. 304.2581. DECEPTIVE TRADE PRACTICES. (a) A violation |
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| 43 | 43 | | of this chapter is a false, misleading, or deceptive act or practice |
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| 44 | 44 | | under Subchapter E, Chapter 17. |
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| 45 | 45 | | (b) A public or private right or remedy prescribed by |
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| 46 | 46 | | Subchapter E, Chapter 17, may be used to enforce this chapter. |
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| 47 | 47 | | SECTION 5. Subchapter B, Chapter 305, Business & Commerce |
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| 48 | 48 | | Code, is amended by adding Sections 305.054 and 305.055 to read as |
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| 49 | 49 | | follows: |
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| 50 | 50 | | Sec. 305.054. DECEPTIVE TRADE PRACTICES. (a) A violation |
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| 51 | 51 | | of this chapter is a false, misleading, or deceptive act or practice |
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| 52 | 52 | | under Subchapter E, Chapter 17. |
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| 53 | 53 | | (b) A public or private right or remedy prescribed by |
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| 54 | 54 | | Subchapter E, Chapter 17, may be used to enforce this chapter. |
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| 55 | 55 | | Sec. 305.055. CLAIMANT RECOVERY FOR VIOLATION. The fact |
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| 56 | 56 | | that a claimant has recovered under a private action arising from a |
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| 57 | 57 | | violation of this chapter more than once may not limit recovery in a |
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| 58 | 58 | | future legal proceeding in any manner. |
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| 59 | 59 | | SECTION 6. The changes in law made by this Act apply only to |
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| 60 | 60 | | conduct that occurs on or after the effective date of this Act. |
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| 61 | 61 | | SECTION 7. This Act takes effect September 1, 2025. |
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