CHAPTER 1803. SOLICITATION FOR PUBLIC SAFETY ORGANIZATIONS
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.