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89(R) SB 140 - Enrolled version - Bill Text
S.B. No. 140
AN ACT
relating to certain definitions relating to the regulation of and
private rights of action arising from certain solicitation-related
communications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 302.001, Business & Commerce Code, is
amended by adding Subdivision (6-a) and amending Subdivision (7) to
read as follows:
(6-a)
"Telephone call" has the meaning assigned by
Section 304.002.
(7) "Telephone solicitation" means a [
telephone
] call
or other transmission, including a transmission of a text or
graphic message or of an image, initiated by
a seller or salesperson
[
initiates
] to induce a person to purchase, rent, claim, or receive
an item. The term includes a telephone call a purchaser makes in
response to a solicitation sent by mail or made by any other means.
SECTION 2. Section 302.003, Business & Commerce Code, is
amended to read as follows:
Sec. 302.003. LIBERAL CONSTRUCTION AND APPLICATION.
(a)
This chapter shall be liberally construed and applied to promote
its underlying purpose to protect persons
and the public
against
false, misleading, or deceptive practices in the telephone
solicitation business.
(b)
The fact that a claimant has recovered under a private
action arising from a violation of this chapter more than once may
not limit recovery in a future legal proceeding in any manner.
SECTION 3. Section 304.005, Business & Commerce Code, is
amended to read as follows:
Sec. 304.005. LIBERAL CONSTRUCTION AND APPLICATION.
(a)
This chapter shall be liberally construed and applied to promote
its underlying purpose to protect
persons and
the public against
false, misleading, abusive, or deceptive practices in the
telemarketing business.
(b)
The fact that a claimant has recovered under a private
action arising from a violation of this chapter more than once may
not limit recovery in a future legal proceeding in any manner.
SECTION 4. Subchapter F, Chapter 304, Business & Commerce
Code, is amended by adding Section 304.2581 to read as follows:
Sec.
304.2581.
DECEPTIVE TRADE PRACTICES. (a) A violation
of this chapter is a false, misleading, or deceptive act or practice
under Subchapter E, Chapter 17.
(b)
A public or private right or remedy prescribed by
Subchapter E, Chapter 17, may be used to enforce this chapter.
SECTION 5. Subchapter B, Chapter 305, Business & Commerce
Code, is amended by adding Sections 305.054 and 305.055 to read as
follows:
Sec.
305.054.
DECEPTIVE TRADE PRACTICES. (a) A violation
of this chapter is a false, misleading, or deceptive act or practice
under Subchapter E, Chapter 17.
(b)
A public or private right or remedy prescribed by
Subchapter E, Chapter 17, may be used to enforce this chapter.
Sec.
305.055.
CLAIMANT RECOVERY FOR VIOLATION. The fact
that a claimant has recovered under a private action arising from a
violation of this chapter more than once may not limit recovery in a
future legal proceeding in any manner.
SECTION 6. The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 140 passed the Senate on
March 11, 2025, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 30, 2025, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 140 passed the House, with
amendment, on May 27, 2025, by the following vote: Yeas 136,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor