CHAPTER 1803. SOLICITATION FOR PUBLIC SAFETY ORGANIZATIONS - Texas Statutes

OCCUPATIONS CODE

TITLE 11. REGULATION OF SALES AND SOLICITATION

CHAPTER 1803. SOLICITATION FOR PUBLIC SAFETY ORGANIZATIONS

SUBCHAPTER A. GENERAL PROVISIONS

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.

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.

SUBCHAPTER B. REGISTRATION AND BOND REQUIREMENTS

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.

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.

Sec. 1803.053. REGISTRATION STATEMENT BY PUBLIC SAFETY ENTITY OR

PUBLICATION. (a) Before beginning solicitations, a public

safety entity or public safety publication shall file with the

secretary of state:

(1) a registration statement signed by two of its officers or

directors; and

(2) if the public safety entity or publisher of the publication,

as applicable, is a nonresident, an irrevocable written consent

appointing the secretary of state as agent for service of process

on the entity or publisher for any action relating to a violation

of this chapter.

(b) The registration statement must disclose:

(1) the name, street address, and telephone number of any public

safety solicitor for the registering entity;

(2) the name, street address, and telephone number of each

public safety organization, public safety publication, or fund

for which any part of the contributions will be used, or if there

is no organization, publication, or fund, a statement describing

how the contributions will be used;

(3) whether the registering entity or fund that the

contributions are being solicited for has a federal and state

charitable tax exemption;

(4) the name and public safety agency or former agency of each

active and retired public safety officer serving on the board of

directors or governing body of the registering entity;

(5) the number of members and the percentage of members who are

active and retired public safety officers of the United States,

this state, or a political subdivision of this state, as

determined on December 31 of the year preceding the year in which

the registration is made and the contributions are solicited, if

the registering entity is a public safety organization;

(6) the name of the local chapter, lodge, association, or group

of licensed public safety officers of the public safety

organization for which contributions are being solicited, if the

registering entity is a public safety organization;

(7) a copy of the most recent tax or informational return filed

with the Internal Revenue Service by the registering entity;

(8) the amount of money collected during the previous year by

the registering entity by solicitations of nonmembers of the

public safety organization for which the funds were collected and

the amount of funds paid as expenses to maintain the solicitation

operation;

(9) the amount of money, if known or projected, expected to be

collected during the year of filing by the registering entity by

nonmember solicitations described by Subdivision (8);

(10) a copy of any contract or agreement between the registering

entity and a solicitor; and

(11) if the registering entity is a public safety publication,

information on:

(A) the total number of copies of each issue of the publication

printed during the previous year;

(B) the frequency of the publication; and

(C) the date and circulation of the most recent issue of the

publication.

(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 Section 1803.054.

(d) A public safety entity or public safety publication 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,

phone number, or name.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

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.

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.

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.

SUBCHAPTER C. SOLICITATION RESTRICTIONS

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.

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.

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.

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.

SUBCHAPTER D. ENFORCEMENT AND PENALTIES

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.

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.

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.

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.

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.