Bill Text: TX HB2251 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to certain deceptive advertising of legal services; imposing civil penalties.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2019-04-10 - Left pending in committee [HB2251 Detail]
Download: Texas-2019-HB2251-Introduced.html
86R6813 CAE-F | ||
By: Capriglione | H.B. No. 2251 |
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relating to certain deceptive advertising of legal services; | ||
imposing civil penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 81, Government Code, is amended by | ||
adding Subchapter J to read as follows: | ||
SUBCHAPTER J. DECEPTIVE ADVERTISING PRACTICES | ||
Sec. 81.151. DEFINITIONS. In this subchapter: | ||
(1) "Advertisement" means a communication that | ||
provides information promoting a person's provision of legal | ||
services. The term includes a communication through television, | ||
radio, newspaper or other periodical, outdoor display, or other | ||
written, electronic, or recorded communication, including an | ||
Internet website operated for a commercial purpose. | ||
(2) "Soliciting" means offering to provide legal | ||
services through a written, recorded, or electronic communication | ||
or by an in-person, telephone, or real-time electronic contact. | ||
Sec. 81.152. PROHIBITED ADVERTISING. An advertisement for | ||
legal services may not: | ||
(1) present the advertisement as a "medical alert," | ||
"health alert," "consumer alert," "public service announcement," | ||
or similar phrase; | ||
(2) display the logo of a federal or state government | ||
agency in a manner that suggests affiliation with or sponsorship by | ||
that agency; or | ||
(3) use the term "recall" when referring to a product | ||
that has not been recalled by a government agency or through an | ||
agreement between a manufacturer and government agency. | ||
Sec. 81.153. REQUIRED WARNINGS AND DISCLOSURES. (a) An | ||
advertisement for legal services must disclose: | ||
(1) at the beginning of the advertisement, "This is a | ||
paid advertisement for legal services."; | ||
(2) the identity of the sponsor of the advertisement; | ||
and | ||
(3) either: | ||
(A) the identity of the attorney or law firm that | ||
provides legal services to a client; or | ||
(B) the manner in which a case is referred to an | ||
attorney or law firm if the sponsor of the advertisement is not | ||
legally authorized to provide legal services to a person responding | ||
to the advertisement. | ||
(b) An advertisement for legal services soliciting clients | ||
who may allege an injury from a prescription drug approved by the | ||
United States Food and Drug Administration must: | ||
(1) include the warning: "Do not stop taking a | ||
prescribed medication without first consulting with your | ||
physician. Discontinuing a prescribed medication without seeking | ||
your physician's advice can result in injury or death."; and | ||
(2) disclose that the drug is approved by the United | ||
States Food and Drug Administration unless the product has been | ||
recalled or withdrawn. | ||
(c) An advertisement for legal services soliciting clients | ||
who may allege an injury from a medical device approved by the | ||
United States Food and Drug Administration must disclose that the | ||
medical device is approved by the United States Food and Drug | ||
Administration unless the product has been recalled or withdrawn. | ||
Sec. 81.154. FORM OF REQUIRED WARNINGS AND DISCLOSURES. | ||
(a) Any warning or disclosure statement required by this | ||
subchapter to appear in an advertisement must be presented clearly | ||
and conspicuously. | ||
(b) A written disclosure must be legible and, if televised | ||
or displayed electronically, must be displayed for sufficient time | ||
to enable the viewer to easily see and read the disclosure. | ||
(c) A verbal disclosure must be audible and intelligible. | ||
Sec. 81.155. INJUNCTION; RESTITUTION. (a) If the attorney | ||
general or the prosecuting attorney in the county in which a | ||
violation of this subchapter occurs has reason to believe that a | ||
person is engaging in, has engaged in, or is about to engage in an | ||
act or practice that violates this subchapter, the attorney general | ||
or prosecuting attorney may bring an action in the name of the state | ||
against the person to restrain that act or practice by temporary or | ||
permanent injunction if an injunction is in the public interest. | ||
(b) If a court issues a permanent injunction to restrain and | ||
prevent a violation of this subchapter, the court may make an | ||
additional order requiring restitution to a victim for medical | ||
expenses or other expenses related to the violation. | ||
Sec. 81.156. CIVIL PENALTY. (a) A person who violates this | ||
subchapter is liable to the state for a civil penalty in an amount | ||
not to exceed $20,000 for each violation. Each advertisement that | ||
violates this subchapter constitutes a separate violation. | ||
(b) The attorney general or the prosecuting attorney in the | ||
county in which a violation occurs may bring suit to recover the | ||
civil penalty imposed under Subsection (a). | ||
(c) The attorney general or prosecuting attorney may | ||
recover reasonable expenses incurred in obtaining a civil penalty | ||
under this section, including court costs, attorney's fees, | ||
investigative costs, witness fees, and deposition expenses. | ||
(d) The civil penalty provided by this section is in | ||
addition to injunctive relief or any other remedy that may be | ||
granted under Section 81.155. | ||
Sec. 81.157. CONSTRUCTION OF SUBCHAPTER. This subchapter | ||
may not be construed to limit or otherwise affect the authority of | ||
the Supreme Court of Texas to regulate the practice of law, enforce | ||
the Texas Disciplinary Rules of Professional Conduct, or discipline | ||
persons admitted to the state bar. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrued before the effective date | ||
of this Act is governed by the law in effect immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |