reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter D. Auctioneer Education and Recovery Fund › Section 1802.155. Liability

Sec. 1802.155.  LIABILITY.  (a)  The fund or the department is not liable to a consumer for a recovery from the fund if the assets of the fund are insufficient to pay the amount awarded.
(b)  If the fund contains insufficient assets to pay the consumer:
(1)  the department shall record the time and date an order for payment to a consumer was received; and
(2)  the department shall pay consumers for whom an order is recorded under Subdivision (1) as funds become available in the order of the recorded time and date of the order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.050, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.365, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter E. Complaint Procedures › Section 1802.202. Consumer Claims

Sec. 1802.202.  CONSUMER CLAIMS.  (a)  A person who deals with an auctioneer licensed under this chapter and who is aggrieved by an action of the auctioneer as a result of a violation of a contract made with the auctioneer may initiate a claim against the fund by filing with the department a complaint against the auctioneer.
(b)  The department may not pay a claim against an auctioneer who was not licensed at the time of the transaction on which the claim is based.
(c)  The department shall investigate a complaint filed under this section and determine the amount owed to the aggrieved party.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.010, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.367, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter E. Complaint Procedures › Section 1802.203. Hearing

Sec. 1802.203.  HEARING.  If the amount determined by the department under Section 1802.202 is disputed by the auctioneer, the department shall refer the matter to the State Office of Administrative Hearings for a hearing on the disputed claim.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.011, eff. Sept. 1, 2003.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1215, Sec. 13, eff. Sept. 1, 2003.
Reenacted and amended by Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 17, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter E. Complaint Procedures › Section 1802.204. Appeal

Sec. 1802.204.  APPEAL.  A party may appeal a decision of the commission in the manner provided for a contested case under Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.012, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter E. Complaint Procedures › Section 1802.205. Payment of Claim

Sec. 1802.205.  PAYMENT OF CLAIM.  (a)  If the department's determination under Section 1802.202 is not disputed by the auctioneer, the department shall pay the claim from the fund, subject to Section 1802.206.
(b)  If a hearing is held on the department's determination, the department shall pay to the aggrieved party the amount of actual damages as determined by an administrative law judge with the State Office of Administrative Hearings who presided over the hearing, subject to Section 1802.206.
(c)  The amount of actual damages may not include attorney's fees, speculative damages, or lost profits.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.052, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.370, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 18, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter E. Complaint Procedures › Section 1802.206. Payment Limits

Sec. 1802.206.  PAYMENT LIMITS.  (a)  The department may not pay a single aggrieved party more than $15,000 for all claims arising from a single auction.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 26(9), eff. September 1, 2023.
(c)  The total payment of claims against a single auctioneer arising from a single auction may not exceed $100,000.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.053, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.371, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 13, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 19, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 26(9), eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter E. Complaint Procedures › Section 1802.207. Reimbursement; Interest

Sec. 1802.207.  REIMBURSEMENT; INTEREST.  (a)  If the department pays a claim against an auctioneer, the auctioneer shall:
(1)  reimburse the fund immediately or agree in writing to reimburse the fund on a schedule to be determined by rule of the commission; and
(2)  immediately pay the aggrieved party any amount due to that party or agree in writing to pay the party on a schedule to be determined by rule of the commission.
(b)  Payments made by an auctioneer to the fund or to an aggrieved party under this section include interest accruing at the rate of eight percent a year beginning on the date the department pays the claim.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.013, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 20, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter E. Complaint Procedures › Section 1802.208. Subrogation

Sec. 1802.208.  SUBROGATION.  If the department pays a claim against an auctioneer, the department is subrogated to all rights of the aggrieved party against the auctioneer to the extent of the amount paid to the aggrieved party.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.054, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.372, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 21, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter E. Complaint Procedures › Section 1802.209. Effect on Disciplinary Proceedings

Sec. 1802.209.  EFFECT ON DISCIPLINARY PROCEEDINGS.  (a)  This subchapter and Section 1802.252 do not limit the commission's or executive director's authority to take disciplinary action against a license holder for a violation of this chapter or a rule adopted under this chapter.
(b)  A license holder's repayment of all amounts owed to the fund does not nullify or modify the effect of another disciplinary proceeding brought under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.014, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 14, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter F. Denial of License and Disciplinary Procedures › Section 1802.251. Disciplinary Action; Administrative Penalty

Sec. 1802.251.  DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY.  The commission or executive director may take any action or impose a penalty under Subchapter F or G, Chapter 51, against an auctioneer or associate auctioneer for:
(1)  violating this chapter or a rule adopted under this chapter;
(2)  obtaining a license through false or fraudulent representation;
(3)  making a substantial misrepresentation in an application for an auctioneer's license;
(4)  engaging in a continued and flagrant course of misrepresentation or making false promises through an agent, advertising, or otherwise;
(5)  failing to account for or remit, within a reasonable time, money or property belonging to another that is in the auctioneer's possession or commingling funds of another with the auctioneer's funds or failing to keep the funds of another in an escrow or trust account;
(6)  violating a provision of the Business & Commerce Code in conducting an auction; or
(7)  violating a rule or order of the commission or executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.015, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 15, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 22, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter F. Denial of License and Disciplinary Procedures › Section 1802.252. Revocation for Claim on Fund

Sec. 1802.252.  REVOCATION FOR CLAIM ON FUND.  (a)  The commission may revoke a license issued under this chapter if the department makes a payment from the fund as the result of an action of the license holder.
(b)  The commission may probate an order revoking a license.
(c)  An auctioneer or associate auctioneer is not eligible for a new license until the auctioneer or associate auctioneer has repaid in full the amount paid from the fund on the auctioneer's account, including interest.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.016, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 23, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter F. Denial of License and Disciplinary Procedures › Section 1802.253. Hearing by State Office of Administrative Hearings

Sec. 1802.253.  HEARING BY STATE OFFICE OF ADMINISTRATIVE HEARINGS.
(a)  If the department proposes to deny an application for a license or take a disciplinary action or impose an administrative penalty against a license holder, the applicant or license holder is entitled to a hearing.
(b)  At a hearing under this section, the applicant may:
(1)  be present and be heard in person or by counsel;  and
(2)  have an opportunity to offer evidence by oral testimony, affidavit, or deposition.
(c)  Written notice may be served by personal delivery to the applicant or by certified mail to the last known mailing address of the applicant.
(d)  A proceeding relating to a license denial or disciplinary action by the department under this chapter is a contested case under Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 4.017, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1215, Secs. 14, 15, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 18.004, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 16, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1048 (H.B. 3038), Sec. 17, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 24, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter G. Criminal Penalties › Section 1802.301. Practicing Without License; Offense

Sec. 1802.301.  PRACTICING WITHOUT LICENSE;  OFFENSE.  (a)  A person commits an offense if the person acts as an auctioneer or an associate auctioneer without a license.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 25, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1802 - Auctioneers › Subchapter G. Criminal Penalties › Section 1802.302. Frivolous Claim; Offense

Sec. 1802.302.  FRIVOLOUS CLAIM;  OFFENSE.  (a)  A person commits an offense if the person intends to benefit personally or to harm another and the person:
(1)  institutes under this chapter a claim in which the person knows the person has no interest;  or
(2)  institutes under this chapter a frivolous suit or a claim that the person knows is false.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter A. General Provisions › Section 1803.001. Definitions

Sec. 1803.001.  DEFINITIONS.  In this chapter:
(1)  "Law enforcement personnel" means commissioned peace officers who are employees of government law enforcement agencies.
(2)  "Public safety entity" means a public safety promoter or public safety organization.
(3)  "Public safety organization" means a nongovernmental organization that, in a manner that reasonably implies that the organization is composed of law enforcement or public safety personnel or that a contribution, purchase, or membership will benefit public safety personnel, uses the term "officer," "peace officer," "police officer," "police," "law enforcement," "reserve officer," "deputy," "deputy sheriff," "constable," "deputy constable," "fireman," "firefighter," "volunteer fireman," "emergency medical service provider," "civilian employee," or any other term:
(A)  in its name;
(B)  in a publication of the organization;  or
(C)  in a solicitation for:
(i)  contributions to the organization;
(ii)  membership in the organization;
(iii)  the purchase of advertising in a publication of the organization;  or
(iv)  the purchase of products or tickets to an event sponsored by or for the benefit of the organization by a solicitor.
(4)  "Public safety personnel" means employees or volunteers of a public safety organization, including:
(A)  firefighters;
(B)  emergency medical service providers;  or
(C)  civilian employees of a public safety organization.
(5)  "Public safety promoter" means a person who:
(A)  is not affiliated with a public safety organization;  and
(B)  in the name of public safety or in a name associated with public safety makes a request for a donation or the sale of tickets or advertising.
(6)  "Public safety publication" means a nongovernmental publication with a name that includes the term "officer," "peace officer," "police officer," "police," "law enforcement," "reserve officer," "deputy," "deputy sheriff," "constable," "deputy constable," "fireman," "firefighter," "volunteer fireman," "emergency medical service provider," "civilian employee," or any other term in a manner that reasonably implies that the publication is published by a public safety organization or benefits public safety.
(7)  "Public safety solicitor" means a person who:
(A)  contracts for or receives money for providing solicitation services for a public safety entity or public safety publication;  and
(B)  solicits:
(i)  contributions in person, by telephone, by electronic media, or by mail;
(ii)  membership in a public safety organization from an individual not employed by a public safety agency of the United States, this state, or a political subdivision of this state;  or
(iii)  the purchase of:
(a)  advertising;  or
(b)  goods, services, or tickets to an event sponsored by or for the benefit of a public safety organization or for the cause of public safety.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter A. General Provisions › Section 1803.002. Effect on Municipal Ordinance

Sec. 1803.002.  EFFECT ON MUNICIPAL ORDINANCE.  This chapter preempts any municipal ordinance applicable to public safety entities, public safety publications, public safety solicitors, or solicitations related to a person registered under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter B. Registration and Bond Requirements › Section 1803.051. Registration

Sec. 1803.051.  REGISTRATION.  (a)  A public safety entity or public safety publication may not solicit unless the entity or publication:
(1)  files a registration statement under Section 1803.053;  and
(2)  pays a registration fee under Section 1803.054.
(b)  A public safety entity or public safety publication may not use a public safety solicitor, and a person may not act as a public safety solicitor unless the solicitor:
(1)  files a registration statement and pays the registration fee under Section 1803.055;  and
(2)  files and maintains a bond under Section 1803.056.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter B. Registration and Bond Requirements › Section 1803.052. Eligibility to Use Solicitor

Sec. 1803.052.  ELIGIBILITY TO USE SOLICITOR.  (a)  A public safety organization may register under Section 1803.053 and use a public safety solicitor only if the organization is a bona fide membership organization consisting of individual members:
(1)  of whom at least five percent or 500 members, whichever is less, are employed as law enforcement personnel or public safety personnel by a public safety agency of the United States, this state, or a political subdivision of this state;  and
(2)  who have signed membership agreements with the organization and paid an annual membership fee of at least $10.
(b)  A public safety promoter may register under Section 1803.053 and use a public safety solicitor if the disclosure required by Section 1803.101 is made.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter B. Registration and Bond Requirements › Section 1803.054. Public Safety Entity Registration Fee

Sec. 1803.054.  PUBLIC SAFETY ENTITY REGISTRATION FEE.  (a)  Except as provided by Subsection (b), a public safety entity registering under Section 1803.053 shall pay to the secretary of state an annual registration fee of $250.
(b)  A public safety organization consisting of members who are volunteer firefighters for a local political subdivision and that solicits only in the area of the firefighters' jurisdiction is not required to pay a registration fee.
(c)  Subsection (b) does not apply to a statewide association of volunteer firefighters.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter B. Registration and Bond Requirements › Section 1803.055. Solicitor Registration Statement and Fee

Sec. 1803.055.  SOLICITOR REGISTRATION STATEMENT AND FEE.  (a)  Before beginning solicitations for a public safety entity or public safety publication, a public safety solicitor shall file with the secretary of state a registration statement containing:
(1)  the name, street and mailing address, and telephone number of the solicitor;
(2)  the name, street and mailing address, and telephone number of each public safety entity or public safety publication for whom the solicitor solicits or will solicit in this state;  and
(3)  if the solicitor is a nonresident, an irrevocable written consent appointing the secretary of state as agent for service of process on the solicitor for any action pertaining to a violation of this chapter.
(b)  The registration statement required by Subsection (a) must be accompanied by:
(1)  a $500 registration fee;  and
(2)  a bond as required by Section 1803.056.
(c)  A registration statement takes effect on the date the secretary of state issues a certificate and is valid for one year.  The statement may be renewed annually by filing a renewal registration statement and paying the registration fee required by Subsection (b).
(d)  A solicitor shall file an updated statement with the secretary of state not later than the 30th day after the date of a change of street address, mailing address, phone number, or name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter B. Registration and Bond Requirements › Section 1803.056. Solicitor Bond

Sec. 1803.056.  SOLICITOR BOND.  (a)  A public safety solicitor shall post with the secretary of state a $10,000 surety bond issued by a surety company authorized to do business in this state.
(b)  The bond must be payable to the state and conditioned on compliance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter C. Solicitation Restrictions › Section 1803.101. Solicitation Disclosure

Sec. 1803.101.  SOLICITATION DISCLOSURE.  (a)  An oral or a written disclosure shall be given to each person before the person delivers any consideration to a public safety entity, public safety publication, or public safety solicitor.
(b)  A written disclosure must be in contrasting eight-point type or larger.
(c)  A disclosure must include:
(1)  the name of the public safety organization registered under Section 1803.053, if an organization is involved;
(2)  a statement that the promotion is independent of affiliation with any public safety organization, if a public safety promoter is involved;
(3)  the name of any public safety solicitor employed;
(4)  a general statement of the use of net funds received;  and
(5)  the name, street address, and statewide telephone number established under Section 1803.102 that a person may use to obtain from the secretary of state additional information on the public safety entity, public safety publication, or public safety solicitor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter C. Solicitation Restrictions › Section 1803.102. Solicitation Information Hotline

Sec. 1803.102.  SOLICITATION INFORMATION HOTLINE.  The secretary of state shall establish and operate a toll-free telephone line known as the Solicitation Information Hotline that enables a person to call the hotline number to:
(1)  obtain information concerning a public safety entity, public safety publication, or public safety solicitor that has filed a registration statement with the secretary of state under this chapter;  or
(2)  report an alleged violation of this chapter by a public safety entity, public safety publication, or public safety solicitor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter C. Solicitation Restrictions › Section 1803.103. Prohibited Practices

Sec. 1803.103.  PROHIBITED PRACTICES.  In soliciting for a public safety entity or public safety publication, a person may not:
(1)  use, unless authorized in writing by a public safety agency or public safety organization:
(A)  any representation that implies that the contribution is for or on behalf of the agency or organization;  or
(B)  any emblem, device, or printed matter belonging to or associated with the agency or organization;
(2)  use a name, symbol, or statement similar to a name, symbol, or statement used by a public safety agency or organization in a manner intended to confuse or mislead a person being solicited;
(3)  knowingly represent or imply that the solicitation proceeds are being used for a purpose other than the purpose for which the funds are actually used;
(4)  represent or imply that the solicitor is a peace officer or member of a public safety agency or public safety organization if the solicitor is not an officer or a member;
(5)  use or exploit the fact of filing with the secretary of state in a manner leading a person to believe that filing, in any way, constitutes an endorsement by or approval of the state;
(6)  knowingly file incomplete, false, or misleading information in a document required to be filed with the secretary of state under this chapter;
(7)  solicit for a public safety entity or public safety publication, or represent that those responding affirmatively to the solicitation will receive favored treatment by public safety personnel;
(8)  collect a contribution or membership fee solicited at a person's residence by an in-person or telephone solicitation by means other than payment through the United States mail or parcel post courier;
(9)  solicit for a public safety organization in a county in which members of the organization do not have jurisdiction;  or
(10)  commit another unfair or deceptive act or practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter C. Solicitation Restrictions › Section 1803.104. Failure to File Timely Report

Sec. 1803.104.  FAILURE TO FILE TIMELY REPORT.  A public safety entity or public safety publication that fails to timely file the information required by this chapter or that files information required by this chapter that is found to contain material misrepresentation may not use a public safety solicitor until it provides or corrects the information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter D. Enforcement and Penalties › Section 1803.151. Audit by Attorney General

Sec. 1803.151.  AUDIT BY ATTORNEY GENERAL.  (a)  The attorney general may make a written request for information from a public safety entity, public safety publication, or public safety solicitor to audit or verify a representation contained in a registration statement.
(b)  A public safety entity, public safety publication, or public safety solicitor shall provide information requested by the attorney general under Subsection (a) not later than the 10th working day after the date of the attorney general's request.
(c)  Wilful failure to provide timely information under this section is a ground for bond forfeiture or suspension of registration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter D. Enforcement and Penalties › Section 1803.152. Criminal Penalties

Sec. 1803.152.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person knowingly violates this chapter.
(b)  An offense under this chapter is a Class A misdemeanor.
(c)  A corporation or association may be held criminally responsible for conduct by a person acting on its behalf if the person's conduct:
(1)  constitutes an offense under this chapter;  and
(2)  is done with the knowledge and approval of the corporation or association.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter D. Enforcement and Penalties › Section 1803.153. Civil Penalty and Injunction

Sec. 1803.153.  CIVIL PENALTY AND INJUNCTION.  (a)  The attorney general may bring an action in a Travis County district court:
(1)  for a civil penalty for a violation of this chapter;  and
(2)  to enjoin a person from violating this chapter.
(b)  The attorney general shall notify the defendant of the alleged prohibited conduct not later than the seventh day before the date the action is commenced.
(c)  Notice is not required if the attorney general intends to request that the court issue a temporary restraining order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter D. Enforcement and Penalties › Section 1803.154. Civil Penalties

Sec. 1803.154.  CIVIL PENALTIES.  (a)  A person who violates this chapter or an injunction issued under Section 1803.153 is liable to the state for a civil penalty of not more than:
(1)  $2,500 for a single violation;  or
(2)  $10,000 for all of the violations.
(b)  If a person found to have violated this chapter or an injunction has filed a bond under this chapter, the suit may be brought against the bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1803 - Solicitation for Public Safety Organizations › Subchapter D. Enforcement and Penalties › Section 1803.155. Service on Secretary of State

Sec. 1803.155.  SERVICE ON SECRETARY OF STATE.  (a)  A service of process or pleading served on the secretary of state as the agent for a nonresident public safety solicitor, public safety entity, or public safety publication must be served in triplicate.
(b)  The secretary of state shall file one copy in the secretary of state's office and immediately forward the other copies by certified mail, return receipt requested, to the address of the nonresident, as shown on the nonresident's registration statement.
(c)  Service on the secretary of state shall be returned not later than the 30th day after the date of service.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter A. General Provisions › Section 1804.001. Definitions

Sec. 1804.001.  DEFINITIONS.  In this chapter:
(1)  "Veteran" means a person who has served on active duty in the armed forces of the United States or in the state military forces as defined by Section 437.001, Government Code.
(2)  "Veterans organization" means a formally or informally formed nongovernmental entity that:
(A)  purports to include or represent veterans;  or
(B)  includes a term in its name leading a reasonable person to assume the organization is associated with veterans or concerned with veterans' issues.
(3)  "Veterans organization solicitor" means a person who receives monetary compensation for solicitation services for a veterans organization and who solicits:
(A)  a contribution of financial support or a purchase of goods or services for a veterans organization in person, by telephone, or by mail;  or
(B)  membership in a veterans organization from an individual who is not a veteran.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.17, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter A. General Provisions › Section 1804.002. Effect on Municipal Ordinance

Sec. 1804.002.  EFFECT ON MUNICIPAL ORDINANCE.  This chapter does not preempt a municipal ordinance applicable to a veterans organization or a veterans organization solicitor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter B. Registration Requirements › Section 1804.051. Requirements for Solicitation

Sec. 1804.051.  REQUIREMENTS FOR SOLICITATION.  (a)  A veterans organization may not use a veterans organization solicitor unless:
(1)  the organization:
(A)  files a registration statement under Section 1804.053;  and
(B)  files and maintains a bond under Section 1804.101;  and
(2)  the solicitor complies with the requirements of Subsection (b).
(b)  A person may not act as a veterans organization solicitor unless the person:
(1)  files a registration statement under Section 1804.054;  and
(2)  files and maintains a bond under Section 1804.102.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter B. Registration Requirements › Section 1804.052. Eligibility to Use Solicitor

Sec. 1804.052.  ELIGIBILITY TO USE SOLICITOR.  (a)  A veterans organization may register under Section 1804.053 and use a veterans organization solicitor only if the organization consists of individual members:
(1)  of whom at least 90 percent or 500, whichever is less, are veterans;  and
(2)  who have signed membership agreements with the organization.
(b)  A veterans organization may not use a veterans organization solicitor and a veterans organization solicitor may not solicit for a veterans organization if the organization or the solicitor has on three or more occasions forfeited a bond filed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter B. Registration Requirements › Section 1804.053. Registration Statement by Veterans Organization

Sec. 1804.053.  REGISTRATION STATEMENT BY VETERANS ORGANIZATION.  (a)  Before beginning solicitations, a veterans organization must file with the secretary of state a registration statement containing:
(1)  the name, street address, and telephone number of each solicitor that solicits for the veterans organization;
(2)  the name, street address, and telephone number of each veterans organization or fund for which any part of the contributions will be used, or, if there is no organization or fund, a statement describing how the contributions will be used;
(3)  a statement of whether the veterans organization or fund for which the contributions are solicited has a federal and state charitable tax exemption;
(4)  the name of each veteran serving on the board of directors or governing body of the veterans organization or fund for which the contributions are solicited;
(5)  a statement of the number of members who are veterans and the percentage of members of the veterans organization that are veterans, as determined on December 31 preceding the year in which the statement is filed;
(6)  the name of each local chapter, lodge, association, or group of veterans that is a member of the veterans organization for which contributions are solicited;
(7)  a copy of the Internal Revenue Service Form 990, or its successor, the veterans organization most recently filed;  and
(8)  the name, address, and telephone number of the surety for the bond filed under Section 1804.101.
(b)  The registration statement must be accompanied by a $150 registration fee and the original copy of the bond required under Section 1804.101.
(c)  A registration statement issued under this section takes effect on the date the secretary of state issues a certificate and is valid for one year.  The statement may be renewed annually by filing a renewal registration statement and paying the registration fee required by Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter B. Registration Requirements › Section 1804.054. Solicitor Registration Statement

Sec. 1804.054.  SOLICITOR REGISTRATION STATEMENT.  Before beginning solicitations for a veterans organization, a veterans organization solicitor must file with the secretary of state a registration statement containing:
(1)  the name, address, and telephone number of the solicitor;
(2)  the name, address, and telephone number of each veterans organization on whose behalf the solicitor solicits or will solicit;  and
(3)  the name of any other state in which the solicitor is registered as a veterans organization solicitor and the registration's status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter B. Registration Requirements › Section 1804.055. Solicitor Registration Fee

Sec. 1804.055.  SOLICITOR REGISTRATION FEE.  (a)  A registration statement under Section 1804.054 must be accompanied by:
(1)  a $500 registration fee;  and
(2)  a bond required under Section 1804.102.
(b)  A registration statement issued under this section takes effect on the date the secretary of state issues a certificate and is valid for one year.  A registration statement may be renewed annually by filing a renewal registration statement and paying the registration fee required by Subsection (a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter C. Bonding and Reporting Requirements › Section 1804.101. Veterans Organization Bond

Sec. 1804.101.  VETERANS ORGANIZATION BOND.  (a)  A veterans organization using a veterans organization solicitor shall post a surety bond with the secretary of state:
(1)  in the amount of $1,000 if the organization is a veterans organization chartered by the United States Congress;  or
(2)  if the organization is not chartered by the United States Congress, in the amount of:
(A)  $5,000 if the organization solicits in only one county;
(B)  $10,000 if the organization solicits in more than one county but fewer than six counties;  or
(C)  $25,000 if the organization solicits in six or more counties.
(b)  The bond must be payable to the state and conditioned on compliance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter C. Bonding and Reporting Requirements › Section 1804.102. Solicitor Bond

Sec. 1804.102.  SOLICITOR BOND.  (a)  A veterans organization solicitor shall post a surety bond with the secretary of state in the amount of:
(1)  $5,000 if the solicitor solicits in only one county;
(2)  $10,000 if the solicitor solicits in more than one county but fewer than six counties;  or
(3)  $25,000 if the solicitor solicits in six or more counties.
(b)  The bond must be payable to the state and conditioned on compliance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter C. Bonding and Reporting Requirements › Section 1804.103. Veterans Organization Reports

Sec. 1804.103.  VETERANS ORGANIZATION REPORTS.  (a)  Before January 15 of each year, each veterans organization that received more than $500 in solicitations during the preceding calendar year shall file with the secretary of state a report that includes:
(1)  the name and address of the veterans organization and each officer authorized to spend the organization's funds;  and
(2)  the total amounts from all sources spent by the organization for each of the following:
(A)  administrative expenses;
(B)  travel expenses of officers of the organization;
(C)  travel expenses of each member of the organization;
(D)  gifts to veterans or other veterans organizations;
(E)  gifts to nonveterans;
(F)  payments for the purchase, rental, or lease of and repairs to facilities used by the organization;  and
(G)  any other expenditures.
(b)  A $50 filing fee must accompany each report filed under this section.
(c)  A veterans organization that is chartered by the United States Congress and that has subsidiary organizations may:
(1)  collect the reports of the subsidiary organizations;  and
(2)  file its report and the reports of its subsidiary organizations together and pay a single filing fee.
(d)  A veterans organization shall require an individual to sign a receipt for the funds given to the individual for the individual's personal use before the funds are delivered.  The organization shall keep a receipt for the expenditure for seven years after the date of the expenditure.
(e)  The reports and receipts are public records and the veterans organization shall make them available to any person who requests them in writing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter C. Bonding and Reporting Requirements › Section 1804.104. Solicitor Reports

Sec. 1804.104.  SOLICITOR REPORTS.  (a)  At the end of each calendar quarter, a solicitor who raises more than $5,000 for a veterans organization during that period shall file with the secretary of state a report that includes:
(1)  the name, address, and telephone number of the solicitor;
(2)  the gross amount raised by the solicitor for the veterans organization;
(3)  the amount paid to the veterans organization;  and
(4)  the name and address of the person representing the veterans organization to which the amount was paid.
(b)  A $50 filing fee must accompany each report.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter D. Solicitation Restrictions › Section 1804.151. Solicitation Disclosure

Sec. 1804.151.  SOLICITATION DISCLOSURE.  (a)  A veterans organization solicitor shall disclose at the time each solicitation is made the following information:  "The secretary of state has on file important information about persons that seek contributions in the name of veterans, and the number to call about that information is the Solicitation Information Hotline (the number maintained by the secretary of state)."
(b)  The disclosure must be made:
(1)  orally if the solicitation is in person or by telephone;  and
(2)  by printed notice in any printed matter distributed by the solicitor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter D. Solicitation Restrictions › Section 1804.152. Solicitation Information Hotline

Sec. 1804.152.  SOLICITATION INFORMATION HOTLINE.  The secretary of state shall establish and operate a toll-free telephone line known as the Solicitation Information Hotline that enables a person to call the hotline number to:
(1)  obtain information concerning a veterans organization or solicitor that has filed a statement with the secretary of state under this chapter;  or
(2)  report an alleged violation of this chapter by a solicitor or a veterans organization.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter D. Solicitation Restrictions › Section 1804.153. Prohibited Practices

Sec. 1804.153.  PROHIBITED PRACTICES.  (a)  A veterans organization solicitor may not solicit on behalf of a veterans organization in a county other than a county that the veterans organization serves unless the solicitor discloses to the person being solicited the county or counties actually served by the organization.
(b)  A contribution or membership fee solicited at a person's residence in person or by telephone may not be collected except through the United States mail or parcel post courier.
(c)  A veterans organization solicitor may not make a materially false or misleading statement of fact during a solicitation that would lead a responsible person to believe that proceeds of the solicitation are being used or will be used for a purpose other than the purpose for which the proceeds are actually used.
(d)  A veterans organization solicitor or a veterans organization may not make a material misrepresentation in a registration statement.
(e)  For purposes of Subsection (d), overstating the number of veterans who are members of the veterans organization by more than three percent of the organization's total membership is a material misrepresentation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter E. Enforcement and Penalties › Section 1804.201. Audit by Attorney General

Sec. 1804.201.  AUDIT BY ATTORNEY GENERAL.  (a)  The attorney general may request reasonable and necessary information from a veterans organization or a veterans organization solicitor for the purpose of auditing or verifying the representations contained in a registration statement.
(b)  The attorney general may audit representations made by a veterans organization solicitor during a solicitation to determine whether the solicitation complies with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter E. Enforcement and Penalties › Section 1804.202. Criminal Penalties

Sec. 1804.202.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person knowingly violates this chapter.
(b)  An offense under this section is a Class B misdemeanor, except that if it is shown on trial of the offense that the defendant has been convicted previously under this section, the offense is a Class A misdemeanor.
(c)  A corporation or association may be held criminally responsible for the conduct of a person acting on its behalf if the person's conduct constitutes an offense under this section.
(d)  It is a defense to prosecution under this section that:
(1)  the defendant is a veterans organization;
(2)  the person whose conduct constitutes the offense was acting on behalf of a corporation or association with which the veterans organization had contracted for services;  and
(3)  the person committed the conduct without the knowledge of the veterans organization.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.