Bill Text: TX SB1189 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to certain deceptive advertising of legal services.
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Passed) 2019-06-07 - Effective on 9/1/19 [SB1189 Detail]
Download: Texas-2019-SB1189-Enrolled.html
| S.B. No. 1189 | ||
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| relating to certain deceptive advertising of legal services. | ||
| 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. APPLICABILITY. (a) This subchapter applies | ||
| only to a television advertisement that promotes a person's | ||
| provision of legal services or solicits clients to receive legal | ||
| services. | ||
| (b) This subchapter does not apply to an advertisement by a | ||
| federal, state, or local government entity. | ||
| Sec. 81.152. PROHIBITED ADVERTISING. An advertisement for | ||
| legal services may not: | ||
| (1) present the advertisement as a "medical alert," | ||
| "health alert," "drug alert," "public service announcement," or | ||
| substantially similar phrase that suggests to a reasonable viewer | ||
| the advertisement is offering professional, medical, or government | ||
| agency advice about medications or medical devices rather than | ||
| legal services; | ||
| (2) display the logo of a federal or state government | ||
| agency in a manner that suggests to a reasonable viewer the | ||
| advertisement is presented by a federal or state government agency | ||
| or by an entity approved by or affiliated with a federal or state | ||
| government 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 state, both verbally and | ||
| visually: | ||
| (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 | ||
| primarily responsible for providing solicited legal services to a | ||
| person who engages the attorney or law firm in response to the | ||
| advertisement; or | ||
| (B) the manner in which a responding person's | ||
| case is referred to an attorney or law firm if the sponsor of the | ||
| advertisement is not legally authorized to provide legal services | ||
| to clients. | ||
| (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 include a verbal | ||
| and visual statement: "Do not stop taking a prescribed medication | ||
| without first consulting a physician." | ||
| Sec. 81.154. FORM OF REQUIRED WARNINGS AND DISCLOSURES; | ||
| COURT FINDINGS. (a) A visual statement required by this | ||
| subchapter to appear in an advertisement must be presented clearly, | ||
| conspicuously, and for a sufficient length of time for a viewer to | ||
| see and read the statement. | ||
| (b) A court may not find that a visual statement in an | ||
| advertisement is noncompliant with Subsection (a) if the statement | ||
| is presented in the same size and style of font and for the same | ||
| duration as a visual reference to the telephone number or Internet | ||
| website of the entity a responding person contacts for the legal | ||
| services offered or discussed in the advertisement. | ||
| (c) A verbal statement required by this subchapter to appear | ||
| in an advertisement must be audible, intelligible, and presented | ||
| with equal prominence as the other parts of the advertisement. | ||
| (d) A court may not find that a verbal statement in an | ||
| advertisement is noncompliant with Subsection (c) if the statement | ||
| is made at approximately the same volume and uses approximately the | ||
| same number of words per minute as the voice-over of longest | ||
| duration in the advertisement other than information required by | ||
| this subchapter. | ||
| Sec. 81.155. ENFORCEMENT; PRIVATE CAUSE OF ACTION NOT | ||
| CREATED. (a) A violation of this subchapter is a deceptive act or | ||
| practice actionable under Subchapter E, Chapter 17, Business & | ||
| Commerce Code, solely as an enforcement action by the consumer | ||
| protection division of the attorney general's office or by a | ||
| district or county attorney as provided by that subchapter. All | ||
| remedies available under that subchapter are available for a | ||
| violation of this subchapter. | ||
| (b) This subchapter does not create a private cause of | ||
| action. | ||
| (c) Notwithstanding Subsection (a), if the advertising | ||
| review committee of the State Bar of Texas reviews, in accordance | ||
| with the committee's procedures, an advertisement for compliance | ||
| with this subchapter before the first dissemination of the | ||
| advertisement and the committee informs the sponsor of the | ||
| advertisement that the advertisement is in compliance with this | ||
| subchapter and the applicable advertising standards in the Texas | ||
| Disciplinary Rules of Professional Conduct, the consumer | ||
| protection division of the attorney general's office or a district | ||
| or county attorney may not pursue an action under Subsection (a) | ||
| unless: | ||
| (1) the consumer protection division or the district | ||
| or county attorney demanded that the sponsor of the advertisement | ||
| cease further dissemination of the advertisement; | ||
| (2) the sponsor of the advertisement is given a | ||
| reasonable amount of time to ensure the advertisement is withdrawn | ||
| from dissemination to the public; and | ||
| (3) the sponsor of the advertisement fails to ensure | ||
| the advertisement is withdrawn from dissemination to the public | ||
| within the time provided. | ||
| Sec. 81.156. 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 an advertisement that is presented on or after the effective date | ||
| of this Act. An advertisement presented 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1189 passed the Senate on | ||
| April 11, 2019, by the following vote: Yeas 20, Nays 10; and that | ||
| the Senate concurred in House amendment on May 21, 2019, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1189 passed the House, with | ||
| amendment, on May 16, 2019, by the following vote: Yeas 112, | ||
| Nays 21, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
