| 1 | 1 | | 89R716 SRA-D |
|---|
| 2 | 2 | | By: Kolkhorst S.B. No. 473 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to regulating telephone solicitation; providing a private |
|---|
| 10 | 10 | | cause of action. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 302.001, Business & Commerce Code, is |
|---|
| 13 | 13 | | amended by adding Subdivision (6-a) to read as follows: |
|---|
| 14 | 14 | | (6-a) "Telephone call" has the meaning assigned by |
|---|
| 15 | 15 | | Section 304.002. |
|---|
| 16 | 16 | | SECTION 2. Section 302.303(b), Business & Commerce Code, is |
|---|
| 17 | 17 | | amended to read as follows: |
|---|
| 18 | 18 | | (b) A public [or private] right or remedy prescribed by |
|---|
| 19 | 19 | | Subchapter E, Chapter 17, may be used to enforce this chapter. |
|---|
| 20 | 20 | | SECTION 3. Subchapter G, Chapter 302, Business & Commerce |
|---|
| 21 | 21 | | Code, is amended by adding Sections 302.3025 and 302.3026 to read as |
|---|
| 22 | 22 | | follows: |
|---|
| 23 | 23 | | Sec. 302.3025. PRIVATE CAUSE OF ACTION. (a) In addition to |
|---|
| 24 | 24 | | any other penalties under this chapter, a person harmed by a |
|---|
| 25 | 25 | | violation of this chapter may bring an action against the violator |
|---|
| 26 | 26 | | of this chapter and is entitled to obtain: |
|---|
| 27 | 27 | | (1) injunctive relief; and |
|---|
| 28 | 28 | | (2) the greater of: |
|---|
| 29 | 29 | | (A) actual damages; or |
|---|
| 30 | 30 | | (B) statutory damages in an amount that is not |
|---|
| 31 | 31 | | less than $500 and not more than $10,000 for each violation; and |
|---|
| 32 | 32 | | (3) court costs and reasonable attorney's fees. |
|---|
| 33 | 33 | | (b) Sections 41.003 and 41.004, Civil Practice and Remedies |
|---|
| 34 | 34 | | Code, do not apply to an action brought under this section. |
|---|
| 35 | 35 | | Sec. 302.3026. COMPLIANCE AS CONDITION OF LICENSURE. |
|---|
| 36 | 36 | | Notwithstanding any other law, each appropriate state agency shall |
|---|
| 37 | 37 | | ensure that businesses in this state comply with this chapter and |
|---|
| 38 | 38 | | may require compliance with this chapter as a condition for a |
|---|
| 39 | 39 | | license, permit, or other state authorization necessary for |
|---|
| 40 | 40 | | conducting business in this state. |
|---|
| 41 | 41 | | SECTION 4. The change in law made by this Act applies only |
|---|
| 42 | 42 | | to a cause of action that accrues on or after the effective date of |
|---|
| 43 | 43 | | this Act. A cause of action that accrues before the effective date |
|---|
| 44 | 44 | | of this Act is governed by the law as it exists immediately before |
|---|
| 45 | 45 | | the effective date of this Act, and that law is continued in effect |
|---|
| 46 | 46 | | for that purpose. |
|---|
| 47 | 47 | | SECTION 5. This Act takes effect September 1, 2025. |
|---|