89R11136 SCR-F     By: Hancock S.B. No. 2690       A BILL TO BE ENTITLED   AN ACT   relating to solicitations for the retrieval of certain documents   from the secretary of state; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 17, Business & Commerce Code, is amended   by adding Subchapter M to read as follows:   SUBCHAPTER M.  SOLICITATIONS FOR RETRIEVAL OF CERTAIN GOVERNMENT   DOCUMENTS          Sec. 17.961.  DEFINITION. In this subchapter, "business   certification document" means a document:                (1)  required to be filed with the secretary of state   under Chapter 4, Business Organizations Code; or                (2)  produced by the secretary of state affirming that   a document described by Subdivision (1) was filed or that a specific   business organization exists.          Sec. 17.962.  REQUIRED DISCLOSURE FOR MAIL SOLICITATIONS.   (a)  A nongovernmental entity or individual may not mail, or direct   another person to mail, a solicitation for the retrieval of a   business certification document unless the solicitor includes with   the mailed solicitation the disclosure required by this section,   prominently displayed in 18-point, boldfaced type, and in capital   letters in English, Spanish, and any other language in which the   solicitation is printed.          (b)  The disclosure described by Subsection (a) must state:          "THIS NOTICE IS NOT FROM A GOVERNMENTAL ENTITY.  BUSINESS   CERTIFICATION DOCUMENTS CAN BE OBTAINED DIRECTLY FROM THE TEXAS   SECRETARY OF STATE'S OFFICE."          Sec. 17.963.  REQUIRED DISCLOSURE FOR TELEPHONE OR IN-PERSON   SOLICITATIONS.  (a)  A nongovernmental entity or individual may not   make, or direct another person to make, a telephone or in-person   solicitation for the retrieval of a business certification document   unless the solicitor provides to each person solicited, at the   beginning of the solicitation and again before accepting payment   from the person, the disclaimer described by Subsection (b).          (b)  The solicitor described by Subsection (a) must state to   the person being solicited:          "I DO NOT WORK FOR A GOVERNMENTAL ENTITY.  BUSINESS   CERTIFICATION DOCUMENTS CAN BE OBTAINED DIRECTLY FROM THE TEXAS   SECRETARY OF STATE'S OFFICE."          (c)  The disclaimer described by Subsection (b) must be made   slowly, in a clear voice, and in the same language in which the   solicitation is made.          Sec. 17.964.  INVESTIGATION. (a)  A complaint concerning a   violation of this subchapter may be made to the secretary of state.          (b)  The secretary of state shall investigate a complaint   made under Subsection (a). The secretary of state may refer the   complaint to the attorney general.          Sec. 17.965.  CIVIL PENALTY. (a) A person who violates this   subchapter is liable to this state for a civil penalty in an amount   not to exceed $500 for each violation.  Each solicitation is a   separate violation for purposes of this subsection.          (b)  In determining the amount of the civil penalty imposed   under this section, the court shall consider the amount necessary   to deter future violations.          (c)  The attorney general or the county attorney or district   attorney in the county in which the violation occurs may bring an   action to recover a civil penalty under this section.          SECTION 2.  The changes in law made by this Act apply only to   a solicitation made on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.