89R11136 SCR-F
By: Hancock S.B. No. 2690
A BILL TO BE ENTITLED
AN ACT
relating to solicitations for the retrieval of certain documents
from the secretary of state; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Business & Commerce Code, is amended
by adding Subchapter M to read as follows:
SUBCHAPTER M. SOLICITATIONS FOR RETRIEVAL OF CERTAIN GOVERNMENT
DOCUMENTS
Sec. 17.961. DEFINITION. In this subchapter, "business
certification document" means a document:
(1) required to be filed with the secretary of state
under Chapter 4, Business Organizations Code; or
(2) produced by the secretary of state affirming that
a document described by Subdivision (1) was filed or that a specific
business organization exists.
Sec. 17.962. REQUIRED DISCLOSURE FOR MAIL SOLICITATIONS.
(a) A nongovernmental entity or individual may not mail, or direct
another person to mail, a solicitation for the retrieval of a
business certification document unless the solicitor includes with
the mailed solicitation the disclosure required by this section,
prominently displayed in 18-point, boldfaced type, and in capital
letters in English, Spanish, and any other language in which the
solicitation is printed.
(b) The disclosure described by Subsection (a) must state:
"THIS NOTICE IS NOT FROM A GOVERNMENTAL ENTITY. BUSINESS
CERTIFICATION DOCUMENTS CAN BE OBTAINED DIRECTLY FROM THE TEXAS
SECRETARY OF STATE'S OFFICE."
Sec. 17.963. REQUIRED DISCLOSURE FOR TELEPHONE OR IN-PERSON
SOLICITATIONS. (a) A nongovernmental entity or individual may not
make, or direct another person to make, a telephone or in-person
solicitation for the retrieval of a business certification document
unless the solicitor provides to each person solicited, at the
beginning of the solicitation and again before accepting payment
from the person, the disclaimer described by Subsection (b).
(b) The solicitor described by Subsection (a) must state to
the person being solicited:
"I DO NOT WORK FOR A GOVERNMENTAL ENTITY. BUSINESS
CERTIFICATION DOCUMENTS CAN BE OBTAINED DIRECTLY FROM THE TEXAS
SECRETARY OF STATE'S OFFICE."
(c) The disclaimer described by Subsection (b) must be made
slowly, in a clear voice, and in the same language in which the
solicitation is made.
Sec. 17.964. INVESTIGATION. (a) A complaint concerning a
violation of this subchapter may be made to the secretary of state.
(b) The secretary of state shall investigate a complaint
made under Subsection (a). The secretary of state may refer the
complaint to the attorney general.
Sec. 17.965. CIVIL PENALTY. (a) A person who violates this
subchapter is liable to this state for a civil penalty in an amount
not to exceed $500 for each violation. Each solicitation is a
separate violation for purposes of this subsection.
(b) In determining the amount of the civil penalty imposed
under this section, the court shall consider the amount necessary
to deter future violations.
(c) The attorney general or the county attorney or district
attorney in the county in which the violation occurs may bring an
action to recover a civil penalty under this section.
SECTION 2. The changes in law made by this Act apply only to
a solicitation made on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.