89R716 SRA-D
By: Kolkhorst S.B. No. 473
A BILL TO BE ENTITLED
AN ACT
relating to regulating telephone solicitation; providing a private
cause of action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 302.001, Business & Commerce Code, is
amended by adding Subdivision (6-a) to read as follows:
(6-a) "Telephone call" has the meaning assigned by
Section 304.002.
SECTION 2. Section 302.303(b), Business & Commerce Code, is
amended to read as follows:
(b) A public [or private] right or remedy prescribed by
Subchapter E, Chapter 17, may be used to enforce this chapter.
SECTION 3. Subchapter G, Chapter 302, Business & Commerce
Code, is amended by adding Sections 302.3025 and 302.3026 to read as
follows:
Sec. 302.3025. PRIVATE CAUSE OF ACTION. (a) In addition to
any other penalties under this chapter, a person harmed by a
violation of this chapter may bring an action against the violator
of this chapter and is entitled to obtain:
(1) injunctive relief; and
(2) the greater of:
(A) actual damages; or
(B) statutory damages in an amount that is not
less than $500 and not more than $10,000 for each violation; and
(3) court costs and reasonable attorney's fees.
(b) Sections 41.003 and 41.004, Civil Practice and Remedies
Code, do not apply to an action brought under this section.
Sec. 302.3026. COMPLIANCE AS CONDITION OF LICENSURE.
Notwithstanding any other law, each appropriate state agency shall
ensure that businesses in this state comply with this chapter and
may require compliance with this chapter as a condition for a
license, permit, or other state authorization necessary for
conducting business in this state.
SECTION 4. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law as it exists immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 5. This Act takes effect September 1, 2025.