85R5197 GRM-D     By: Davis of Dallas H.B. No. 3459       A BILL TO BE ENTITLED   AN ACT   relating to requiring a business to pre-disclose the recording of a   telephone conversation with a consumer; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 10, Business & Commerce Code,   is amended by adding Chapter 307 to read as follows:   CHAPTER 307. RECORDING CONSUMER TELEPHONE CALLS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 307.001.  DEFINITION. In this chapter, "consumer"   means an individual who is solicited to purchase or lease or who   purchases or leases a good or service that is to be used primarily   for personal, family, or household purposes.          Sec. 307.002.  APPLICABILITY. This chapter does not apply   to a telephone call made by an educational institution or a   nonprofit organization exempt from taxation under Section   501(c)(3), Internal Revenue Code of 1986.   SUBCHAPTER B. PROHIBITED CONDUCT OR ACTIVITY          Sec. 307.051.  RECORDING CERTAIN TELEPHONE CONVERSATIONS   WITHOUT DISCLOSURE PROHIBITED. Before a business records a   telephone call with a consumer, the business must disclose to the   consumer that the conversation is being recorded.   SUBCHAPTER C. ENFORCEMENT          Sec. 307.101.  INVESTIGATION BY ATTORNEY GENERAL'S OFFICE.   The attorney general's office may investigate a complaint relating   to a violation of this chapter.          Sec. 307.102.  INJUNCTIVE RELIEF. A district court, on   petition of the attorney general and on finding that a business is   violating this chapter, may issue an injunction prohibiting the   business from continuing the violation.          Sec. 307.103.  CIVIL PENALTY. (a) A business that knowingly   violates this chapter is liable to this state for a civil penalty in   an amount not to exceed $500 for each violation.          (b)  In addition to bringing an action for injunctive relief   under Section 307.102, the attorney general may bring an action for   the recovery of a civil penalty imposed under this section.          (c)  The attorney general may recover reasonable attorney's   fees and court costs incurred in recovering the civil penalty.          SECTION 2.  This Act takes effect September 1, 2017.