85R15625 GRM-F     By: Guillen H.B. No. 3322       A BILL TO BE ENTITLED   AN ACT   relating to the use of certain words to imply that a person who is   not an attorney is authorized to practice immigration law and the   prosecution of a cause of action arising from that practice and   educational requirements for a notary public appointment;   authorizing a fee; affecting the prosecution of a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 17.46(b), Business & Commerce Code, as   amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts of   the 84th Legislature, Regular Session, 2015, is reenacted and   amended to read as follows:          (b)  Except as provided in Subsection (d) of this section,   the term "false, misleading, or deceptive acts or practices"   includes, but is not limited to, the following acts:                (1)  passing off goods or services as those of another;                (2)  causing confusion or misunderstanding as to the   source, sponsorship, approval, or certification of goods or   services;                (3)  causing confusion or misunderstanding as to   affiliation, connection, or association with, or certification by,   another;                (4)  using deceptive representations or designations   of geographic origin in connection with goods or services;                (5)  representing that goods or services have   sponsorship, approval, characteristics, ingredients, uses,   benefits, or quantities which they do not have or that a person has   a sponsorship, approval, status, affiliation, or connection which   the person does not;                (6)  representing that goods are original or new if   they are deteriorated, reconditioned, reclaimed, used, or   secondhand;                (7)  representing that goods or services are of a   particular standard, quality, or grade, or that goods are of a   particular style or model, if they are of another;                (8)  disparaging the goods, services, or business of   another by false or misleading representation of facts;                (9)  advertising goods or services with intent not to   sell them as advertised;                (10)  advertising goods or services with intent not to   supply a reasonable expectable public demand, unless the   advertisements disclosed a limitation of quantity;                (11)  making false or misleading statements of fact   concerning the reasons for, existence of, or amount of price   reductions;                (12)  representing that an agreement confers or   involves rights, remedies, or obligations which it does not have or   involve, or which are prohibited by law;                (13)  knowingly making false or misleading statements   of fact concerning the need for parts, replacement, or repair   service;                (14)  misrepresenting the authority of a salesman,   representative or agent to negotiate the final terms of a consumer   transaction;                (15)  basing a charge for the repair of any item in   whole or in part on a guaranty or warranty instead of on the value of   the actual repairs made or work to be performed on the item without   stating separately the charges for the work and the charge for the   warranty or guaranty, if any;                (16)  disconnecting, turning back, or resetting the   odometer of any motor vehicle so as to reduce the number of miles   indicated on the odometer gauge;                (17)  advertising of any sale by fraudulently   representing that a person is going out of business;                (18)  advertising, selling, or distributing a card   which purports to be a prescription drug identification card issued   under Section 4151.152, Insurance Code, in accordance with rules   adopted by the commissioner of insurance, which offers a discount   on the purchase of health care goods or services from a third party   provider, and which is not evidence of insurance coverage, unless:                      (A)  the discount is authorized under an agreement   between the seller of the card and the provider of those goods and   services or the discount or card is offered to members of the   seller;                      (B)  the seller does not represent that the card   provides insurance coverage of any kind; and                      (C)  the discount is not false, misleading, or   deceptive;                (19)  using or employing a chain referral sales plan in   connection with the sale or offer to sell of goods, merchandise, or   anything of value, which uses the sales technique, plan,   arrangement, or agreement in which the buyer or prospective buyer   is offered the opportunity to purchase merchandise or goods and in   connection with the purchase receives the seller's promise or   representation that the buyer shall have the right to receive   compensation or consideration in any form for furnishing to the   seller the names of other prospective buyers if receipt of the   compensation or consideration is contingent upon the occurrence of   an event subsequent to the time the buyer purchases the merchandise   or goods;                (20)  representing that a guaranty or warranty confers   or involves rights or remedies which it does not have or involve,   provided, however, that nothing in this subchapter shall be   construed to expand the implied warranty of merchantability as   defined in Sections 2.314 through 2.318 and Sections 2A.212 through   2A.216 to involve obligations in excess of those which are   appropriate to the goods;                (21)  promoting a pyramid promotional scheme, as   defined by Section 17.461;                (22)  representing that work or services have been   performed on, or parts replaced in, goods when the work or services   were not performed or the parts replaced;                (23)  filing suit founded upon a written contractual   obligation of and signed by the defendant to pay money arising out   of or based on a consumer transaction for goods, services, loans, or   extensions of credit intended primarily for personal, family,   household, or agricultural use in any county other than in the   county in which the defendant resides at the time of the   commencement of the action or in the county in which the defendant   in fact signed the contract; provided, however, that a violation of   this subsection shall not occur where it is shown by the person   filing such suit that the person neither knew or had reason to know   that the county in which such suit was filed was neither the county   in which the defendant resides at the commencement of the suit nor   the county in which the defendant in fact signed the contract;                (24)  failing to disclose information concerning goods   or services which was known at the time of the transaction if such   failure to disclose such information was intended to induce the   consumer into a transaction into which the consumer would not have   entered had the information been disclosed;                (25)  using the term "corporation," "incorporated," or   an abbreviation of either of those terms in the name of a business   entity that is not incorporated under the laws of this state or   another jurisdiction;                (26)  selling, offering to sell, or illegally promoting   an annuity contract under Chapter 22, Acts of the 57th Legislature,   3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil   Statutes), with the intent that the annuity contract will be the   subject of a salary reduction agreement, as defined by that Act, if   the annuity contract is not an eligible qualified investment under   that Act or is not registered with the Teacher Retirement System of   Texas as required by Section 8A of that Act;                (27)  taking advantage of a disaster declared by the   governor under Chapter 418, Government Code, by:                      (A)  selling or leasing fuel, food, medicine, or   another necessity at an exorbitant or excessive price; or                      (B)  demanding an exorbitant or excessive price in   connection with the sale or lease of fuel, food, medicine, or   another necessity;                (28)  using the translation into a foreign language of   a title or other word, including "attorney," "immigration   consultant," "immigration expert," "lawyer," "licensed," "notary,"   and "notary public," in any written or electronic material,   including an advertisement, a business card, a letterhead,   stationery, a website, or an online video, in reference to a person   who is not an attorney in order to imply that the person is   authorized to practice law in the United States;                (29) [(28)]  delivering or distributing a solicitation   in connection with a good or service that:                      (A)  represents that the solicitation is sent on   behalf of a governmental entity when it is not; or                      (B)  resembles a governmental notice or form that   represents or implies that a criminal penalty may be imposed if the   recipient does not remit payment for the good or service;                (30) [(29)]  delivering or distributing a solicitation   in connection with a good or service that resembles a check or other   negotiable instrument or invoice, unless the portion of the   solicitation that resembles a check or other negotiable instrument   or invoice includes the following notice, clearly and conspicuously   printed in at least 18-point type:          "SPECIMEN-NON-NEGOTIABLE";                (31) [(30)]  in the production, sale, distribution, or   promotion of a synthetic substance that produces and is intended to   produce an effect when consumed or ingested similar to, or in excess   of, the effect of a controlled substance or controlled substance   analogue, as those terms are defined by Section 481.002, Health and   Safety Code:                      (A)  making a deceptive representation or   designation about the synthetic substance; or                      (B)  causing confusion or misunderstanding as to   the effects the synthetic substance causes when consumed or   ingested; or                (32) [(31)]  a licensed public insurance adjuster   directly or indirectly soliciting employment, as defined by Section   38.01, Penal Code, for an attorney, or a licensed public insurance   adjuster entering into a contract with an insured for the primary   purpose of referring the insured to an attorney without the intent   to actually perform the services customarily provided by a licensed   public insurance adjuster, provided that this subdivision may not   be construed to prohibit a licensed public insurance adjuster from   recommending a particular attorney to an insured.          SECTION 2.  Subchapter A, Chapter 406, Government Code, is   amended by adding Section 406.0045 to read as follows:          Sec. 406.0045.  REQUIRED EDUCATIONAL COURSE. (a) An   applicant for an initial appointment as a notary public shall   complete an educational course approved by the secretary of state.   The educational course may be an online, self-study, or classroom   course.          (b)  The secretary of state shall adopt rules necessary to   implement the educational course requirement imposed by Subsection   (a). The rules must:                (1)  establish the standards for an educational course;                (2)  establish the procedures for approving an   educational course; and                (3)  set a nonrefundable vendor application and renewal   fee for a vendor of an educational course in an amount sufficient to   administer this section.          (c)  The secretary of state may provide an educational course   to satisfy the requirements of Subsection (a).          (d)  A fee received by the secretary of state under   Subsection (b)(3) must be appropriated to and used by the secretary   of state to administer this section.          SECTION 3.  Section 406.005, Government Code, is amended by   adding Subsection (c) to read as follows:          (c)  An application for an initial appointment under this   section must include a statement that the applicant has completed   an educational course required by Section 406.0045.          SECTION 4.  Section 406.006, Government Code, is amended to   read as follows:          Sec. 406.006.  QUALIFICATION. An individual qualifies by:                (1)  properly completing the application form;                (2)  executing the statement;                (3)  providing the bond, if required;                (4)  paying the required filing fees; [and]                (5)  meeting the eligibility requirements; and                (6)  providing a statement of completion of an   educational course if required by Section 406.0045.          SECTION 5.  Section 406.007(a), Government Code, is amended   to read as follows:          (a)  The applicant must submit to the secretary of state:                (1)  a fee of $10 for approving and filing the bond of   the notary public, if required; and                (2)  a fee of $1 to be appropriated to and used by the   secretary of state [only] for:                      (A)  hiring an investigator;                      (B)  administering and managing an educational   course under Section 406.0045(c); and                      (C)  [for] preparing and distributing the   materials required to be distributed under Section 406.008.          SECTION 6.  Section 406.011, Government Code, is amended by   adding Subsection (c) to read as follows:          (c)  Section 406.0045 does not apply to a notary public   applying for reappointment under this section.          SECTION 7.  Section 406.017, Government Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  A person commits an offense if the person is a notary   public and the person:                (1)  states or implies that the person is an attorney   licensed to practice law in this state;                (2)  solicits or accepts compensation to prepare   documents for or otherwise represent the interest of another in a   judicial or administrative proceeding, including a proceeding   relating to immigration or admission to the United States, United   States citizenship, or related matters;                (3)  solicits or accepts compensation to obtain relief   of any kind on behalf of another from any officer, agency, or   employee of this state or the United States;                (4)  uses the phrase "notario" or "notario publico" to   advertise the services of a notary public, whether by signs,   pamphlets, stationery, or other written communication or by radio   or television; or                (5)  advertises the services of a notary public in a   language other than English, whether by signs, pamphlets,   stationery, or other written communication or by radio or   television, if the person does not post or otherwise include with   the advertisement a notice that complies with Subsection (b).          (a-1)  A person does not violate this section by offering or   providing language translation or typing services and accepting   compensation.           SECTION 8.  The change in law made by this Act to Section   17.46(b), Business & Commerce Code, 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 9.  The changes in law made by this Act to Chapter   406, Government Code, apply only to an application for a notary   public appointment received  and qualified on or after September 1,   2018. An application received and qualified before September 1,   2018, is governed by the law as it existed immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 10.  The change in law made by this Act to Section   406.017, Government Code, applies only to an offense committed on   or after the effective date of this Act. An offense committed before   the effective date of this Act is governed by the law in effect when   the offense was committed, and the former law is continued in effect   for that purpose. For purposes of this section, an offense was   committed before the effective date of this Act if any element of   the offense occurred before that date.          SECTION 11.  To the extent of any conflict, this Act prevails   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 12.  This Act takes effect January 1, 2018.