80R4218 HLT-D
	By: Zedler	H.B. No. 901

	A BILL TO BE ENTITLED
	AN ACT
	relating to a list of consumers who object to receiving by mail
	certain solicitations; providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 35, Business & Commerce Code, is amended
	by adding Subchapter L to read as follows:
	SUBCHAPTER L. MAILING OF CERTAIN SOLICITATIONS TO CONSUMERS ON
	LIST PROHIBITED
	Sec. 35.151.  DEFINITION.  In this subchapter, "identifying
	information" has the meaning assigned by Section 32.51, Penal Code.
	Sec. 35.152.  ATTORNEY GENERAL TO ESTABLISH DATABASE. (a)
	The attorney general shall establish and provide for the operation
	of a database to compile a list of names and addresses of consumers
	in this state who object to receiving by mail unsolicited:
	(1)  applications for loans or other extensions of
	credit that contain the consumer's identifying information;
	(2)  sweepstakes or other prize promotions that contain
	the consumer's identifying information; and
	(3)  communications that:
	(A)  encourage the purchase or rental of, or
	investment in, property, goods, or services; and
	(B)  contain the consumer's identifying
	information.
	(b)  The list must contain the name and addresses of each
	consumer in this state who has requested inclusion on the list.  The
	list shall be updated and published on January 1, April 1, July 1,
	and October 1 of each year. An entry on the list expires on the
	third anniversary of the date the entry is first published on the
	list. An entry may be renewed for successive three-year periods.
	An address of a consumer on the list may be deleted from the list on
	the consumer's written request or if the attorney general has been
	notified that the consumer's address has changed. The attorney
	general may charge a person a reasonable amount not to exceed $3 for
	a request to place an address on the list or to renew an entry on the
	list. The attorney general shall develop and make available a form
	to be used by consumers to request inclusion on the list and shall
	provide a toll-free telephone number and Internet mail address that
	persons may call or write to obtain a copy of the form.
	Sec. 35.153.  MAILING CERTAIN SOLICITATIONS TO CONSUMERS ON
	LIST PROHIBITED. (a) A person, other than a governmental entity or
	an entity described by Section 501(c)(3) of the Internal Revenue
	Code of 1986, may not mail a document described by Section 35.152 to
	an address that has been published on the list for more than 60
	days.
	(b)  The attorney general may investigate violations of this
	subchapter and file civil enforcement actions seeking injunctive
	relief, attorney's fees, and civil penalties in an amount not to
	exceed $1,000 for each violation. If the court finds the defendant
	wilfully or knowingly violated this subchapter, the court may
	increase the amount of the civil penalties to an amount not to
	exceed $3,000 for each violation. A violation of this subchapter is
	subject to enforcement action by the attorney general's consumer
	protection division under Sections 17.47, 17.58, 17.60, and 17.61.
	(c)  Venue for an action based on a violation of this
	subchapter is in the county where the document was mailed or
	received or, if brought by the attorney general, in Travis County.
	(d)  For purposes of this subchapter, a consumer on the list
	is presumed to be adversely affected by a person who mails an
	unsolicited document to the consumer more than once and may bring a
	civil action based on the second or a subsequent violation of this
	subchapter if:
	(1)  the consumer has notified the person of the
	alleged violation and not later than the 30th day after the date of
	receipt of the application files a verified complaint setting forth
	the relevant facts surrounding the violation with the attorney
	general; and
	(2)  the attorney general fails to initiate a civil
	enforcement action against the person named in the complaint before
	the 121st day after the date the complaint is filed.
	(e)  If the consumer brings an action based on violation of
	this section and the court finds that the defendant wilfully or
	knowingly violated this section, the court may award damages in an
	amount not to exceed $500 for each violation.
	Sec. 35.154.  ATTORNEY GENERAL TO ADOPT RULES.  The attorney
	general may adopt rules to administer this subchapter. The
	attorney general shall adopt rules:
	(1)  providing that a document sent to an address on the
	list is not a violation of Section 35.153 if the mailing is an
	isolated occurrence made by a person who has in place adequate
	procedures to comply with this subchapter; and
	(2)  providing for:
	(A)  the dissemination of the list in formats,
	including electronic formats, commonly used by persons sending mass
	mailings; and
	(B)  a fee for each such distribution not to
	exceed $75.
	Sec. 35.155.  EDUCATIONAL PROGRAMS.  The attorney general
	may conduct educational programs designed to inform consumers of
	their rights and persons of their obligations under this
	subchapter.
	SECTION 2.  This Act takes effect September 1, 2007.