reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter A. General Provisions › Section 303.002. Solicitation Governed by Chapter

Sec. 303.002.  SOLICITATION GOVERNED BY CHAPTER. The telephone solicitation of a contribution from a person in this state is considered to be engaging in telephone solicitation in this state regardless of where the solicitation originates.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter A. General Provisions › Section 303.003. Public Access to Certain Documents and Information

Sec. 303.003.  PUBLIC ACCESS TO CERTAIN DOCUMENTS AND INFORMATION.  (a)  Except as provided by Subsection (b), a document required to be filed with the attorney general under this chapter is public information available to members of the public under Chapter 552, Government Code.
(b)  A document that identifies the donors to a law enforcement-related charitable organization is confidential and not subject to disclosure.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter A. General Provisions › Section 303.004. Rules; Procedures; Forms

Sec. 303.004.  RULES; PROCEDURES; FORMS.  The attorney general may adopt rules, procedures, and forms necessary to administer and enforce this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter B. Registration and Bond Requirements › Section 303.051. Record of Organizations

Sec. 303.051.  RECORD OF ORGANIZATIONS.  The attorney general shall maintain:
(1)  a register of law enforcement-related charitable organizations subject to this chapter; and
(2)  a registry of law enforcement-related charitable organizations that submit to the attorney general a completed registration statement containing the information required by Section 303.052.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter B. Registration and Bond Requirements › Section 303.053. Initial Registration Statement

Sec. 303.053.  INITIAL REGISTRATION STATEMENT.  A law enforcement-related charitable organization shall file the organization's initial registration statement before the 10th working day before the date the organization begins telephone solicitation in this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter B. Registration and Bond Requirements › Section 303.054. Expiration of Registration; Renewal

Sec. 303.054.  EXPIRATION OF REGISTRATION; RENEWAL.  (a)  A law enforcement-related charitable organization's registration expires on the 15th day of the fifth month after the last day of the organization's fiscal year.
(b)  The organization shall file a renewal registration statement on the form required under Section 303.052. The renewal registration statement must include the organization's name and employer identification number and any changes to information previously submitted to the attorney general. For an item on which there is no change from the previous year's registration statement, "no change" may be indicated.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter B. Registration and Bond Requirements › Section 303.055. Filing Fee

Sec. 303.055.  FILING FEE.  (a)  An initial registration statement must be accompanied by a filing fee not to exceed $50.
(b)  A renewal registration statement must be accompanied by a filing fee of $50.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter B. Registration and Bond Requirements › Section 303.056. Exemption: Volunteer

Sec. 303.056.  EXEMPTION:  VOLUNTEER.  A volunteer authorized to solicit on behalf of a law enforcement-related charitable organization is not required to register under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter B. Registration and Bond Requirements › Section 303.057. Registration Does Not Imply Endorsement

Sec. 303.057.  REGISTRATION DOES NOT IMPLY ENDORSEMENT.  (a)  Registration under this chapter does not imply endorsement by this state or the attorney general.
(b)  A law enforcement-related charitable organization may not state or imply that registration under this chapter is endorsement by this state or the attorney general.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter B. Registration and Bond Requirements › Section 303.058. Books and Records

Sec. 303.058.  BOOKS AND RECORDS.  (a)  A law enforcement-related charitable organization required to file a registration statement shall maintain books and records of the organization's activities in this state. The books and records must be maintained:
(1)  in a form that enables the organization to accurately provide the information required by this chapter; and
(2)  until at least the third anniversary of the end of the period to which the registration statement relates.
(b)  On written request of authorized personnel of the attorney general, the organization shall make the books and records available for inspection and copying by authorized personnel:
(1)  at the organization's principal place of business not later than the 10th working day after the date of the request; or
(2)  at another agreed place and time.
(c)  The authority provided by this section is in addition to the attorney general's other statutory or common law audit or investigative authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter B. Registration and Bond Requirements › Section 303.059. Bond

Sec. 303.059.  BOND.  A commercial telephone solicitor shall post with the secretary of state a surety bond that:
(1)  is in the amount of $50,000; and
(2)  is issued by a surety company authorized to transact business in this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter C. Solicitation Practices › Section 303.101. Deceptive Act or Practice

Sec. 303.101.  DECEPTIVE ACT OR PRACTICE.  A person may not commit an unfair or deceptive act or practice in making a telephone solicitation for a law enforcement-related charitable organization.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter C. Solicitation Practices › Section 303.102. Representation of Benefit to Survivors

Sec. 303.102.  REPRESENTATION OF BENEFIT TO SURVIVORS.  A person may not represent to a person solicited that a contribution is to be used to benefit the survivors of a law enforcement officer killed in the line of duty unless:
(1)  all of the contributions collected are used to benefit those survivors; or
(2)  the person solicited is informed in writing of the percentage of the contribution that will directly benefit those survivors.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter C. Solicitation Practices › Section 303.103. Notice of Disposition of Money

Sec. 303.103.  NOTICE OF DISPOSITION OF MONEY.  (a)  If less than 90 percent of the contributions collected by a law enforcement-related charitable organization or commercial telephone solicitor are paid to a law enforcement-related charitable organization, the commercial telephone solicitor shall notify each person solicited by telephone, before accepting a contribution from the person, of:
(1)  the percentage of the contributions that will be paid to the organization for which the contributions are being solicited; and
(2)  the percentage of the contributions that the solicitor will retain.
(b)  Information required to be disclosed under Subsection (a) shall also be included on any written statement mailed to the contributor.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter C. Solicitation Practices › Section 303.104. Hours of Solicitation

Sec. 303.104.  HOURS OF SOLICITATION.  A law enforcement-related charitable organization or commercial telephone solicitor may not make a telephone solicitation call unless the call is made after 9 a.m. and before 7 p.m., Monday through Friday.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter D. Violation; Remedies › Section 303.151. Notification of Noncompliance

Sec. 303.151.  NOTIFICATION OF NONCOMPLIANCE.  If a law enforcement-related charitable organization does not file a document required by this chapter, files an incomplete or inaccurate document, or otherwise does not comply with this chapter, the attorney general shall notify the organization of the organization's noncompliance by first class mail sent to the organization's last reported address.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter D. Violation; Remedies › Section 303.152. Violations Relating to Filing of Documents

Sec. 303.152.  VIOLATIONS RELATING TO FILING OF DOCUMENTS.  (a)  A law enforcement-related charitable organization violates this chapter if the organization:
(1)  does not file complete documents before the 31st day after the date a notice under Section 303.151 is mailed; or
(2)  with actual awareness files materially inaccurate documents.
(b)  For purposes of Subsection (a)(2), actual awareness may be inferred from an objective manifestation that indicates that a person acted with actual awareness.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter D. Violation; Remedies › Section 303.153. Remedies

Sec. 303.153.  REMEDIES.  (a)  The attorney general may bring an action against a person who violates this chapter to:
(1)  cancel or suspend the person's registration;
(2)  obtain an injunction to restrain the person from continuing the violation;
(3)  restrain the person from transacting business in this state while violating this chapter;
(4)  impose a civil penalty of not more than $25,000 for each violation; or
(5)  both obtain an injunction and impose a civil penalty.
(b)  A person who violates an injunction issued under this section is liable to this state for a civil penalty of not less than $100,000.
(c)  In an action that the attorney general successfully prosecutes under this chapter, the court may allow the attorney general to recover civil penalties and the reasonable costs, attorney's fees, and expenses, including investigative costs, witness fees, and deposition expenses, incurred in bringing the action.
(d)  A remedy authorized by this chapter is in addition to any other procedure or remedy provided by another statutory law or common law.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter D. Violation; Remedies › Section 303.154. Venue

Sec. 303.154.  VENUE.  An action under this chapter must be brought in:
(1)  Travis County;
(2)  the county in which the law enforcement-related charitable organization has its principal place of business or a fixed and established place of business at the time the action is brought; or
(3)  the county in which solicitation occurred.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter A. General Provisions › Section 304.001. Short Title

Sec. 304.001.  SHORT TITLE.  This chapter may be cited as the Texas Telemarketing Disclosure and Privacy Act.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter A. General Provisions › Section 304.002. Definitions

Sec. 304.002.  DEFINITIONS.  In this chapter:
(1)  "Caller identification service or device" means a service or device designed to provide the user of the service or device with the telephone number of an incoming telephone call.
(2)  "Commission" means the Public Utility Commission of Texas.
(3)  "Consumer good or service" means property of any kind that is normally used for personal, family, or household purposes.  The term does not include a security, as defined by Section 4001.068, Government Code.
(4)  "Established business relationship" means a relationship that:
(A)  is formed by a voluntary two-way communication between a person and a consumer, regardless of whether consideration is exchanged;
(B)  pertains to a consumer good or service offered by the person; and
(C)  has not been terminated by either party.
(5)  "Facsimile recording device" means a device capable of receiving a facsimile transmission.
(6)  "Facsimile solicitation" means a telemarketing call made by a transmission to a facsimile recording device.
(7)  "State licensee" means a person licensed by a state agency under a law of this state that requires the person to obtain a license as a condition of engaging in a profession or business.
(8)  "Telemarketer" means a person who makes or causes to be made a telemarketing call.
(9)  "Telemarketing call" means an unsolicited telephone call made to:
(A)  solicit a sale of a consumer good or service;
(B)  solicit an extension of credit for a consumer good or service; or
(C)  obtain information that may be used to solicit a sale of a consumer good or service or to extend credit for the sale.
(10)  "Telephone call" means a call or other transmission made to or received at a telephone number, including:
(A)  a call made by an automated telephone dialing system;
(B)  a transmission to a facsimile recording device; and
(C)  a call or other transmission, including a transmission of a text or graphic message or of an image, to a mobile telephone number serviced by a provider of commercial mobile service, as defined by Section 332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), as amended, Federal Communications Commission rules, or the Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66), as amended, except that the term does not include a transmission made to a mobile telephone number as part of an ad-based telephone service, in connection with which the telephone service customer has agreed with the service provider to receive the transmission.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.006(a), eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.04, eff. January 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter A. General Provisions › Section 304.003. Making Telemarketing Call

Sec. 304.003.  MAKING TELEMARKETING CALL.  For purposes of this chapter, a person makes a telemarketing call if the person effects a telemarketing call on the person's own behalf or on behalf of another entity.  A person makes a telemarketing call on behalf of another entity if, as a result of the telemarketing call, the other entity can:
(1)  become entitled to receive money or other property of any kind from a sale solicited during the call; or
(2)  receive information obtained during the call to:
(A)  extend or offer to extend to the person solicited credit for a consumer good or service; or
(B)  directly solicit a sale of a consumer good or service or extend credit for the sale.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter A. General Provisions › Section 304.004. Inapplicability of Chapter to Certain Calls

Sec. 304.004.  INAPPLICABILITY OF CHAPTER TO CERTAIN CALLS.  This chapter does not apply to a call made:
(1)  by a consumer:
(A)  as the result of a solicitation by a seller or telemarketer; or
(B)  in response to general media advertising by a direct mail solicitation that clearly, conspicuously, and truthfully makes all disclosures required by federal or state law;
(2)  in connection with:
(A)  an established business relationship; or
(B)  a business relationship that has been terminated, if the call is made before the later of:
(i)  the publication date of the first Texas no-call list in which the consumer's telephone number appears; or
(ii)  the first anniversary of the date of termination;
(3)  between a telemarketer and a business, other than by a facsimile solicitation, unless the business has informed the telemarketer that the business does not wish to receive a telemarketing call from the telemarketer;
(4)  to collect a debt; or
(5)  by a state licensee if:
(A)  the call is not made by an automated telephone dialing system;
(B)  the solicited transaction is not completed until a face-to-face sales presentation by the seller occurs and the consumer is not required to pay or authorize payment until after the presentation; and
(C)  the consumer has not informed the telemarketer that the consumer does not wish to receive a telemarketing call from the telemarketer.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter A. General Provisions › Section 304.005. Liberal Construction and Application

Sec. 304.005.  LIBERAL CONSTRUCTION AND APPLICATION.  This chapter shall be liberally construed and applied to promote its underlying purpose to protect the public against false, misleading, abusive, or deceptive practices in the telemarketing business.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter A. General Provisions › Section 304.006. Attempted Waiver Void

Sec. 304.006.  ATTEMPTED WAIVER VOID.  An attempted waiver of a provision of this chapter is void.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.051. Maintenance of Texas No-Call List

Sec. 304.051.  MAINTENANCE OF TEXAS NO-CALL LIST.  (a)  The commission shall provide for the operation of a database to compile a list of names, zip codes, and telephone numbers of consumers in this state who object to receiving telemarketing calls or other unsolicited telephone calls.
(b)  The Texas no-call list is a combined list consisting of the name and telephone numbers of:
(1)  each consumer in this state who has requested to be on that list; and
(2)  each person in the portion of the national do-not-call registry maintained by the United States government that relates to this state.
(c)  The commission shall:
(1)  make available an Internet website at which a person may request that a telephone number be placed on the Texas no-call list; and
(2)  provide a toll-free telephone number and mailing address that a person may call or write to obtain a copy of a form to request placement of a telephone number on the Texas no-call list.
(d)  The Texas no-call list shall be updated and published on January 1, April 1, July 1, and October 1 of each year.
(e)  The commission may contract with a private vendor to maintain the Texas no-call list if the vendor has maintained a no-call list database containing the names and telephone numbers of consumers who have previously requested to be added to a no-call list.  A contract under this subsection must require the vendor to publish the Texas portion of the national no-call list in an electronic format for any telemarketer who agrees to use the Texas no-call list only to update the telemarketer's no-call list to include those persons with whom the telemarketer does not have an established business relationship.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.052. Telemarketing Call to Telephone Number on List Prohibited

Sec. 304.052.  TELEMARKETING CALL TO TELEPHONE NUMBER ON LIST PROHIBITED.  A telemarketer may not make a telemarketing call to a telephone number published on the Texas no-call list more than 60 days after the date the telephone number appears on the current list.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.053. Expiration, Renewal, and Deletion of Entry

Sec. 304.053.  EXPIRATION, RENEWAL, AND DELETION OF ENTRY.  (a)  An entry on the Texas no-call list expires on the third anniversary of the date the entry is first published on the list.  An entry may be renewed for successive three-year periods.
(b)  The telephone number of a consumer on the Texas no-call list may be deleted from the list if:
(1)  the consumer makes a written request; or
(2)  the telephone number of the consumer is changed.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.054. Fee

Sec. 304.054.  FEE.  (a)  Except as provided by Subsection (b), the commission may charge a person a reasonable amount not to exceed $3 for a request to place a telephone number on the Texas no-call list or to renew an entry on the list.
(b)  The commission shall provide a method for placement or renewal of an entry by use of the Internet at no charge.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.055. Publication in Telephone Directory

Sec. 304.055.  PUBLICATION IN TELEPHONE DIRECTORY.  A private for-profit publisher of a residential telephone directory that is distributed to the public at minimal or no cost shall include in the directory a prominently displayed Internet website address, toll-free number, and mailing address established by the commission through which a person may request placement of a telephone number on the Texas no-call list or order a copy of the form to make that request.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.056. Placement of Entries on National Do-Not-Call Registry

Sec. 304.056.  PLACEMENT OF ENTRIES ON NATIONAL DO-NOT-CALL REGISTRY.  The commission or a person the commission designates may:
(1)  provide information on the Texas no-call list to the administrator of the national do-not-call registry; and
(2)  allow the names and telephone numbers on the Texas no-call list to be placed on the national do-not-call registry.  (Bus.& Com. Code, Sec. 44.101(d).)
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.057. General Rulemaking Authority

Sec. 304.057.  GENERAL RULEMAKING AUTHORITY.  The commission may adopt rules to administer this subchapter and Subchapter F, other than Sections 304.254, 304.255, 304.256, and 304.258, as that subchapter relates to the Texas no-call list.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.058. Rules Regarding Isolated Calls

Sec. 304.058.  RULES REGARDING ISOLATED CALLS.  The commission shall adopt rules providing that a telemarketing call made to a telephone number on the Texas no-call list is not a violation of Section 304.052 if the telemarketing call:
(1)  is an isolated occurrence; and
(2)  is made by a person who has in place adequate procedures to comply with this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.059. Rules Regarding Public Notice

Sec. 304.059.  RULES REGARDING PUBLIC NOTICE.  The commission shall adopt rules requiring each local exchange telephone company and each provider of commercial mobile service, as described by Section 304.002(10)(C), that provides commercial mobile service in this state to inform its customers of the requirements of this subchapter and Sections 304.251, 304.252, 304.253, 304.257, and 304.259, as those sections relate to the Texas no-call list, through:
(1)  annual inserts in billing statements mailed to customers;
(2)  notification:
(A)  included in a customer's electronic bill;
(B)  printed on a customer's paper bill;
(C)  sent free of charge by messaging service to a customer's mobile telephone number; or
(D)  conspicuously published in the consumer information pages of local telephone directories; or
(3)  other appropriate means of notice.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.060. Rules Regarding Dissemination of List

Sec. 304.060.  RULES REGARDING DISSEMINATION OF LIST.  The commission shall adopt rules providing for:
(1)  the distribution of the Texas no-call list in formats, including electronic formats, commonly used by persons making telemarketing calls; and
(2)  a fee for each distribution, not to exceed $75.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.061. Educational Programs

Sec. 304.061.  EDUCATIONAL PROGRAMS.  In addition to requiring the notice under Section 304.059, the commission may conduct educational programs designed to inform members of the public of their rights and telemarketers of their obligations under this subchapter and Sections 304.251, 304.252, 304.253, 304.257, and 304.259, as those sections relate to the Texas no-call list.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.062. Assistance of Department of Information Resources

Sec. 304.062.  ASSISTANCE OF DEPARTMENT OF INFORMATION RESOURCES.  On request of the commission, the Department of Information Resources shall assist the commission in administering this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter B. Texas No-Call List › Section 304.063. Online Notice

Sec. 304.063.  ONLINE NOTICE.  The commission shall include on its Internet website a notice explaining the application of the Texas no-call list to a call or other transmission, including a transmission of a text or graphic message or of an image, to a mobile telephone number.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.007(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter C. Facsimile Transmissions › Section 304.101. Notice in Facsimile Solicitation

Sec. 304.101.  NOTICE IN FACSIMILE SOLICITATION.  In addition to complying with the technical and procedural standards established by federal statutes or regulations regarding telephone facsimile machines and transmissions, a person in this state who makes or causes to be made a facsimile solicitation shall include in the transmitted document or on a cover page to the document a statement, in at least 12-point type, containing:
(1)  the complete name of the person making the facsimile solicitation and street address of the person's place of business; and
(2)  a toll-free or local exchange accessible telephone number of the person that:
(A)  is answered in the order in which calls are received by an individual capable of responding to inquiries from recipients of facsimile solicitations at all times after 9 a.m. and before 5 p.m. on each day except Saturday and Sunday; or
(B)  automatically and immediately deletes the specified telephone number of the recipient.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter C. Facsimile Transmissions › Section 304.102. Acknowledgment Required; Transmission Prohibited

Sec. 304.102.  ACKNOWLEDGMENT REQUIRED;  TRANSMISSION PROHIBITED.  On receiving oral or written notice from the recipient of a facsimile solicitation not to send any further facsimile transmissions to one or more specified telephone numbers, the person making the solicitation:
(1)  shall within 24 hours after receiving the notice send the recipient of the solicitation written acknowledgment of the receipt; and
(2)  other than a single transmission to comply with Subdivision (1), may not make or cause to be made a transmission to a telephone number specified by the recipient.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter D. Caller Identification › Section 304.151. Interference With Caller Identification Service or Device Prohibited

Sec. 304.151.  INTERFERENCE WITH CALLER IDENTIFICATION SERVICE OR DEVICE PROHIBITED.  (a)  In making a telemarketing call, a telemarketer may not block the identity of the telephone number from which the call is made to evade a device designed to identify a telephone caller.
(b)  A telemarketer may not:
(1)  interfere with or circumvent the capability of a caller identification service or device to access or provide to the recipient of the telemarketing call any information regarding the call that the service or device is capable of providing;
(2)  fail to provide caller identification information in a manner that is accessible by a caller identification service or device, if the telemarketer is capable of providing the information in that manner; or
(3)  cause misleading information to be transmitted to a recipient's caller identification service or device or to otherwise misrepresent the origin of a telemarketing call.
(c)  A telemarketer does not violate Subsection (b)(3) if the telemarketer substitutes the name and telephone number of the person on whose behalf the call is made for the telemarketer's name and telephone number.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1363 (H.B. 1992), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter D. Caller Identification › Section 304.152. Exception: Use of Certain Service or Equipment

Sec. 304.152.  EXCEPTION: USE OF CERTAIN SERVICE OR EQUIPMENT.  For purposes of Section 304.151, use of a telecommunications service or telecommunications equipment that is incapable of transmitting caller identification information does not of itself constitute interference with or circumvention of the capability of a caller identification service or device to access or provide the information.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter E. Regulatory Reports › Section 304.202. Report by Attorney General

Sec. 304.202.  REPORT BY ATTORNEY GENERAL.  (a)  Before December 31 of each even-numbered year, the attorney general shall submit a report to the lieutenant governor and the speaker of the house of representatives.
(b)  The report must contain for the two-year period ending August 31 of the year of the report:
(1)  a list of complaints the attorney general received concerning activities regulated by this chapter, itemized by type;
(2)  a summary of any enforcement efforts made by the attorney general; and
(3)  the attorney general's recommendations for any changes to this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter F. Enforcement › Section 304.251. Enforcement by Commission

Sec. 304.251.  ENFORCEMENT BY COMMISSION.  (a)  Except as provided by Section 304.253, the commission shall receive and investigate complaints concerning violations of Subchapters B, C, and D and may impose an administrative penalty not to exceed $1,000 for each violation.
(b)  Notwithstanding Section 304.252, if a complaint alleges that the person violating Subchapter B, C, or D is a telecommunications provider, as defined by Section 51.002, Utilities Code, the commission has exclusive jurisdiction over the violation alleged in the complaint.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter F. Enforcement › Section 304.252. Enforcement by Attorney General

Sec. 304.252.  ENFORCEMENT BY ATTORNEY GENERAL.  (a)  Except as provided by Section 304.253, the attorney general may investigate violations of Subchapters B, C, and D and file civil enforcement actions seeking:
(1)  a civil penalty in an amount not to exceed $1,000 for each violation, except as provided by Subsection (b);
(2)  injunctive relief; and
(3)  attorney's fees.
(b)  If the court finds the defendant wilfully or knowingly violated Subchapter B, C, or D, the court may increase the amount of the civil penalty to an amount not to exceed $3,000 for each violation.
(c)  A violation of Subchapter B, C, or D is subject to enforcement action by the attorney general's consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter F. Enforcement › Section 304.253. Enforcement by Licensing Agency

Sec. 304.253.  ENFORCEMENT BY LICENSING AGENCY.  (a)  A state agency that issues a license to a state licensee shall:
(1)  receive and investigate complaints concerning violations of Subchapters B and C by the state licensee; and
(2)  may receive and investigate complaints concerning violations of Subchapter D by the state licensee.
(b)  The state agency may:
(1)  impose an administrative penalty not to exceed $1,000 for each violation;
(2)  order restitution for any monetary damages of the complainant in the case of a violation of Subchapter B or D; and
(3)  suspend or revoke the state licensee's license, if the agency finds that the licensee wilfully or knowingly violated Subchapter B, C, or D.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter F. Enforcement › Section 304.254. Determination of Amount of Administrative Penalty

Sec. 304.254.  DETERMINATION OF AMOUNT OF ADMINISTRATIVE PENALTY.  The amount of an administrative penalty imposed under this subchapter must be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  any history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  any effort to correct the violation; and
(5)  any other matter that justice may require.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter F. Enforcement › Section 304.255. Stay of Administrative Penalty

Sec. 304.255.  STAY OF ADMINISTRATIVE PENALTY.  (a)  The enforcement of an administrative penalty imposed under this subchapter may be stayed during the time the order is under judicial review if the person on whom the penalty is imposed pays the penalty to the clerk of the court or files a supersedeas bond with the court in the amount of the penalty.
(b)  A person who cannot afford to pay the penalty or file the bond may stay the enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, subject to the right to contest the affidavit as provided by those rules.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter F. Enforcement › Section 304.256. Contested Case

Sec. 304.256.  CONTESTED CASE.  A proceeding to impose an administrative penalty under this subchapter is a contested case under Chapter 2001, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter F. Enforcement › Section 304.257. Private Action: Telemarketing Calls

Sec. 304.257.  PRIVATE ACTION: TELEMARKETING CALLS.  (a)  A consumer on the Texas no-call list is presumed to be adversely affected by a telemarketer who calls the consumer more than once.  The consumer may bring a civil action based on the second or a subsequent violation of Subchapter B if:
(1)  the consumer has notified the telemarketer of the alleged violation;
(2)  not later than the 30th day after the date of the call, the consumer files with the commission, the attorney general, or a state agency that licenses the person making the call a verified complaint stating the relevant facts surrounding the violation; and
(3)  the commission, attorney general, or state agency receiving the complaint does not initiate an administrative action or a civil enforcement action, as appropriate, against the telemarketer named in the complaint before the 121st day after the date the complaint is filed.
(b)  If the consumer brings an action based on a violation of Section 304.052 and the court finds that the defendant wilfully or knowingly violated that section, the court may award damages in an amount not to exceed $500 for each violation.
(c)  Section 304.251(b) does not affect the right of a consumer to bring an action under Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter F. Enforcement › Section 304.258. Private Action: Facsimile Transmission

Sec. 304.258.  PRIVATE ACTION: FACSIMILE TRANSMISSION.  (a)  A person may bring a civil action based on a violation of Subchapter C:
(1)  for damages in an amount equal to the greater of:
(A)  the person's actual monetary loss from the violation; or
(B)  $500 for each violation;
(2)  to enjoin the violation; or
(3)  for both damages and an injunction.
(b)  If the court finds that the defendant wilfully or knowingly violated Subchapter C, the court may increase the amount of the damages awarded to an amount equal to not more than three times the amount available under Subsection (a)(1).
(c)  Section 304.251(b) does not affect the right of a consumer to bring an action under Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 304 - Telemarketing › Subchapter F. Enforcement › Section 304.259. Venue

Sec. 304.259.  VENUE.  (a)  Venue for an action based on a violation of Subchapter B or C is in:
(1)  the county in which the telemarketing call was made or received; or
(2)  Travis County, if the action is brought by the commission, the attorney general, or a state agency.
(b)  Venue for an action under Subchapter D is in Travis County.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 305 - Telephonic Communications Made for Purpose of Solicitation › Subchapter A. Prohibited Communications Made For › Section 305.001. Prohibited Telephone Calls

Sec. 305.001.  PROHIBITED TELEPHONE CALLS.  A person may not make a telephone call or use an automatic dial announcing device to make a telephone call for the purpose of making a sale if:
(1)  the person making the call or using the device knows or should have known that the called number is a mobile telephone for which the called person will be charged for that specific call;  and
(2)  the called person has not consented to the making of such a call to the person calling or using the device or to the business enterprise for which the person is calling or using the device.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 305 - Telephonic Communications Made for Purpose of Solicitation › Subchapter A. Prohibited Communications Made For › Section 305.002. Prohibited Facsimile Transmissions: Charge to Recipient

Sec. 305.002.  PROHIBITED FACSIMILE TRANSMISSIONS:  CHARGE TO RECIPIENT.  A person may not make or cause to be made a transmission for the purpose of a solicitation or sale to a facsimile recording device or other telecopier for which the person receiving the transmission will be charged for the transmission, unless the person receiving the transmission has, before the transmission, consented to the making of the transmission.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.