| 1 | 1 | | 89R11136 SCR-F |
|---|
| 2 | 2 | | By: Hancock S.B. No. 2690 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to solicitations for the retrieval of certain documents |
|---|
| 10 | 10 | | from the secretary of state; providing a civil penalty. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 17, Business & Commerce Code, is amended |
|---|
| 13 | 13 | | by adding Subchapter M to read as follows: |
|---|
| 14 | 14 | | SUBCHAPTER M. SOLICITATIONS FOR RETRIEVAL OF CERTAIN GOVERNMENT |
|---|
| 15 | 15 | | DOCUMENTS |
|---|
| 16 | 16 | | Sec. 17.961. DEFINITION. In this subchapter, "business |
|---|
| 17 | 17 | | certification document" means a document: |
|---|
| 18 | 18 | | (1) required to be filed with the secretary of state |
|---|
| 19 | 19 | | under Chapter 4, Business Organizations Code; or |
|---|
| 20 | 20 | | (2) produced by the secretary of state affirming that |
|---|
| 21 | 21 | | a document described by Subdivision (1) was filed or that a specific |
|---|
| 22 | 22 | | business organization exists. |
|---|
| 23 | 23 | | Sec. 17.962. REQUIRED DISCLOSURE FOR MAIL SOLICITATIONS. |
|---|
| 24 | 24 | | (a) A nongovernmental entity or individual may not mail, or direct |
|---|
| 25 | 25 | | another person to mail, a solicitation for the retrieval of a |
|---|
| 26 | 26 | | business certification document unless the solicitor includes with |
|---|
| 27 | 27 | | the mailed solicitation the disclosure required by this section, |
|---|
| 28 | 28 | | prominently displayed in 18-point, boldfaced type, and in capital |
|---|
| 29 | 29 | | letters in English, Spanish, and any other language in which the |
|---|
| 30 | 30 | | solicitation is printed. |
|---|
| 31 | 31 | | (b) The disclosure described by Subsection (a) must state: |
|---|
| 32 | 32 | | "THIS NOTICE IS NOT FROM A GOVERNMENTAL ENTITY. BUSINESS |
|---|
| 33 | 33 | | CERTIFICATION DOCUMENTS CAN BE OBTAINED DIRECTLY FROM THE TEXAS |
|---|
| 34 | 34 | | SECRETARY OF STATE'S OFFICE." |
|---|
| 35 | 35 | | Sec. 17.963. REQUIRED DISCLOSURE FOR TELEPHONE OR IN-PERSON |
|---|
| 36 | 36 | | SOLICITATIONS. (a) A nongovernmental entity or individual may not |
|---|
| 37 | 37 | | make, or direct another person to make, a telephone or in-person |
|---|
| 38 | 38 | | solicitation for the retrieval of a business certification document |
|---|
| 39 | 39 | | unless the solicitor provides to each person solicited, at the |
|---|
| 40 | 40 | | beginning of the solicitation and again before accepting payment |
|---|
| 41 | 41 | | from the person, the disclaimer described by Subsection (b). |
|---|
| 42 | 42 | | (b) The solicitor described by Subsection (a) must state to |
|---|
| 43 | 43 | | the person being solicited: |
|---|
| 44 | 44 | | "I DO NOT WORK FOR A GOVERNMENTAL ENTITY. BUSINESS |
|---|
| 45 | 45 | | CERTIFICATION DOCUMENTS CAN BE OBTAINED DIRECTLY FROM THE TEXAS |
|---|
| 46 | 46 | | SECRETARY OF STATE'S OFFICE." |
|---|
| 47 | 47 | | (c) The disclaimer described by Subsection (b) must be made |
|---|
| 48 | 48 | | slowly, in a clear voice, and in the same language in which the |
|---|
| 49 | 49 | | solicitation is made. |
|---|
| 50 | 50 | | Sec. 17.964. INVESTIGATION. (a) A complaint concerning a |
|---|
| 51 | 51 | | violation of this subchapter may be made to the secretary of state. |
|---|
| 52 | 52 | | (b) The secretary of state shall investigate a complaint |
|---|
| 53 | 53 | | made under Subsection (a). The secretary of state may refer the |
|---|
| 54 | 54 | | complaint to the attorney general. |
|---|
| 55 | 55 | | Sec. 17.965. CIVIL PENALTY. (a) A person who violates this |
|---|
| 56 | 56 | | subchapter is liable to this state for a civil penalty in an amount |
|---|
| 57 | 57 | | not to exceed $500 for each violation. Each solicitation is a |
|---|
| 58 | 58 | | separate violation for purposes of this subsection. |
|---|
| 59 | 59 | | (b) In determining the amount of the civil penalty imposed |
|---|
| 60 | 60 | | under this section, the court shall consider the amount necessary |
|---|
| 61 | 61 | | to deter future violations. |
|---|
| 62 | 62 | | (c) The attorney general or the county attorney or district |
|---|
| 63 | 63 | | attorney in the county in which the violation occurs may bring an |
|---|
| 64 | 64 | | action to recover a civil penalty under this section. |
|---|
| 65 | 65 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 66 | 66 | | a solicitation made on or after the effective date of this Act. |
|---|
| 67 | 67 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|