Relating to certain definitions relating to the regulation of and private rights of action arising from certain solicitation-related communications, the official text

S.B. No. 140

AN ACT

relating to certain definitions relating to the regulation of and

private rights of action arising from certain solicitation-related

communications.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 302.001, Business & Commerce Code, is

amended by adding Subdivision (6-a) and amending Subdivision (7) to

read as follows:

(6-a) "Telephone call" has the meaning assigned by

Section 304.002.

(7) "Telephone solicitation" means a [telephone] call

or other transmission, including a transmission of a text or

graphic message or of an image, initiated by a seller or salesperson

[initiates] to induce a person to purchase, rent, claim, or receive

an item. The term includes a telephone call a purchaser makes in

response to a solicitation sent by mail or made by any other means.

SECTION 2. Section 302.003, Business & Commerce Code, is

amended to read as follows:

Sec. 302.003. LIBERAL CONSTRUCTION AND APPLICATION. (a)

This chapter shall be liberally construed and applied to promote

its underlying purpose to protect persons and the public against

false, misleading, or deceptive practices in the telephone

solicitation business.

(b) The fact that a claimant has recovered under a private

action arising from a violation of this chapter more than once may

not limit recovery in a future legal proceeding in any manner.

SECTION 3. Section 304.005, Business & Commerce Code, is

amended to read as follows:

Sec. 304.005. LIBERAL CONSTRUCTION AND APPLICATION. (a)

This chapter shall be liberally construed and applied to promote

its underlying purpose to protect persons and the public against

false, misleading, abusive, or deceptive practices in the

telemarketing business.

(b) The fact that a claimant has recovered under a private

action arising from a violation of this chapter more than once may

not limit recovery in a future legal proceeding in any manner.

SECTION 4. Subchapter F, Chapter 304, Business & Commerce

Code, is amended by adding Section 304.2581 to read as follows:

Sec. 304.2581. DECEPTIVE TRADE PRACTICES. (a) A violation

of this chapter is a false, misleading, or deceptive act or practice

under Subchapter E, Chapter 17.

(b) A public or private right or remedy prescribed by

Subchapter E, Chapter 17, may be used to enforce this chapter.

SECTION 5. Subchapter B, Chapter 305, Business & Commerce

Code, is amended by adding Sections 305.054 and 305.055 to read as

follows:

Sec. 305.054. DECEPTIVE TRADE PRACTICES. (a) A violation

of this chapter is a false, misleading, or deceptive act or practice

under Subchapter E, Chapter 17.

(b) A public or private right or remedy prescribed by

Subchapter E, Chapter 17, may be used to enforce this chapter.

Sec. 305.055. CLAIMANT RECOVERY FOR VIOLATION. The fact

that a claimant has recovered under a private action arising from a

violation of this chapter more than once may not limit recovery in a

future legal proceeding in any manner.

SECTION 6. The changes in law made by this Act apply only to

conduct that occurs on or after the effective date of this Act.

SECTION 7. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 140 passed the Senate on

March 11, 2025, by the following vote: Yeas 31, Nays 0; and that

the Senate concurred in House amendment on May 30, 2025, by the

following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 140 passed the House, with

amendment, on May 27, 2025, by the following vote: Yeas 136,

Nays 0, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor