HB 20

H.B. No. 20
  AN ACT
  relating to measures to prevent and reduce fraudulent charitable
  solicitations and theft during declared disasters, including
  establishing a designation program for disaster relief nonprofit
  organizations and financial institutions; creating a criminal
  offense; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  SHORT TITLE
         SECTION 1.01.  This Act shall be known as the Disaster Scam
  Response Act.
  ARTICLE 2.  CONSUMER PROTECTION
         SECTION 2.01.  Chapter 418, Government Code, is amended by
  adding Subchapter L to read as follows:
  SUBCHAPTER L.  DESIGNATION PROGRAM FOR DISASTER RELIEF NONPROFIT
  ORGANIZATIONS AND FINANCIAL INSTITUTIONS
         Sec. 418.401.  DEFINITIONS.  In this subchapter:
               (1)  "Designation program" means the designation
  program established under this subchapter.
               (2)  "Declared disaster" means:
                     (A)  a disaster declared by the president of the
  United States;
                     (B)  a state of disaster declared by the governor
  under Section 418.014; or
                     (C)  a local state of disaster declared by the
  presiding officer of the governing body of a political subdivision
  under Section 418.108.
         Sec. 418.402.  DESIGNATION PROGRAM FOR DISASTER RELIEF
  DONATIONS; DESIGNATION NOT REQUIRED.  (a)  The secretary of state
  shall establish and administer a designation program for political
  subdivisions in this state to designate a nonprofit organization or
  financial institution to solicit and accept donations for disaster
  relief efforts during a declared disaster threatening the political
  subdivision.
         (b)  The purpose of the designation program is to assist the
  residents of each political subdivision of this state in
  identifying a reputable nonprofit organization or financial
  institution to which the residents may donate to support disaster
  relief efforts during a declared disaster threatening the political
  subdivision.
         (c)  A nonprofit organization or financial institution is
  not required to receive a designation under the designation program
  to solicit or accept donations in response to a declared disaster.
         Sec. 418.403.  DESIGNATION APPROVAL.  (a)  Each political
  subdivision in this state shall select and submit to the secretary
  of state in the manner prescribed by the secretary of state a
  nonprofit organization or financial institution the political
  subdivision proposes to designate under this subchapter to solicit
  and accept disaster relief donations during a declared disaster
  threatening the political subdivision.
         (b)  The secretary of state shall develop guidelines for
  approving a nonprofit organization or financial institution a
  political subdivision submits for designation under Subsection
  (a).
         Sec. 418.404.  NOTICE OF DESIGNATION.  (a)  Each political
  subdivision shall include in the political subdivision's emergency
  management plan the name of the nonprofit organization or financial
  institution approved for designation under the designation
  program.
         (b)  Each political subdivision shall, on the political
  subdivision's Internet website, publish:
               (1)  the name of and contact information for the
  nonprofit organization or financial institution approved for
  designation under the designation program; and
               (2)  information to assist individuals in avoiding
  fraudulent charitable solicitations during a declared disaster.
         SECTION 2.02.  As soon as practicable after the effective
  date of this Act, the secretary of state shall adopt rules to
  implement Subchapter L, Chapter 418, Government Code, as added by
  this article.
  ARTICLE 3.  CRIMINAL PENALTIES FOR DISASTER SCAMS
         SECTION 3.01.  Section 31.03, Penal Code, is amended by
  amending Subsection (e) and adding Subsection (f-3) to read as
  follows:
         (e)  Except as otherwise provided by this section
  [Subsections (f) and (f-1)], an offense under this section is:
               (1)  a Class C misdemeanor if the value of the property
  stolen is less than $100;
               (2)  a Class B misdemeanor if:
                     (A)  the value of the property stolen is $100 or
  more but less than $750;
                     (B)  the value of the property stolen is less than
  $100 and the defendant has previously been convicted of any grade of
  theft; or
                     (C)  the property stolen is a driver's license,
  commercial driver's license, or personal identification
  certificate issued by this state or another state;
               (3)  a Class A misdemeanor if the value of the property
  stolen is $750 or more but less than $2,500;
               (4)  a state jail felony if:
                     (A)  the value of the property stolen is $2,500 or
  more but less than $30,000, or the property is less than 10 head of
  sheep, swine, or goats or any part thereof under the value of
  $30,000;
                     (B)  regardless of value, the property is stolen
  from the person of another or from a human corpse or grave,
  including property that is a military grave marker;
                     (C)  the property stolen is a firearm;
                     (D)  the value of the property stolen is less than
  $2,500 and the defendant has been previously convicted two or more
  times of any grade of theft;
                     (E)  the property stolen is an official ballot or
  official carrier envelope for an election;
                     (F)  the value of the property stolen is less than
  $20,000 and the property stolen is:
                           (i)  aluminum;
                           (ii)  bronze;
                           (iii)  copper; or
                           (iv)  brass; [or]
                     (G)  the cost of replacing the property stolen is
  less than $30,000 and the property stolen is a catalytic converter;
  or
                     (H)  the value of the property stolen is less than
  $30,000 and the property was stolen in a disaster area and came into
  the actor's custody, possession, or control by virtue of the actor's
  status or purported status as a disaster volunteer, as that term is
  defined by Section 32.61;
               (5)  a felony of the third degree if the value of the
  property stolen is $30,000 or more but less than $150,000, or the
  property is:
                     (A)  cattle, horses, or exotic livestock or exotic
  fowl as defined by Section 142.001, Agriculture Code, stolen during
  a single transaction and having an aggregate value of less than
  $150,000;
                     (B)  10 or more head of sheep, swine, or goats
  stolen during a single transaction and having an aggregate value of
  less than $150,000; or
                     (C)  a controlled substance, having a value of
  less than $150,000, if stolen from:
                           (i)  a commercial building in which a
  controlled substance is generally stored, including a pharmacy,
  clinic, hospital, nursing facility, or warehouse; or
                           (ii)  a vehicle owned or operated by a
  wholesale distributor of prescription drugs;
               (6)  a felony of the second degree if:
                     (A)  the value of the property stolen is $150,000
  or more but less than $300,000; or
                     (B)  the value of the property stolen is less than
  $300,000 and the property stolen is an automated teller machine or
  the contents or components of an automated teller machine; or
               (7)  a felony of the first degree if the value of the
  property stolen is $300,000 or more.
         (f-3)  The increase in the punishment provided by Section
  12.50 for an offense under this section does not apply if the
  penalty described by Subsection (e)(4)(H) applies.
         SECTION 3.02.  Section 31.03(h), Penal Code, is amended by
  adding Subdivision (9) to read as follows:
               (9)  "Disaster area" is an area that was, at the time of
  the offense:
                     (A)  subject to a disaster declaration issued by:
                           (i)  the president of the United States
  under the Robert T. Stafford Disaster Relief and Emergency
  Assistance Act (42 U.S.C. Section 5121 et seq.);
                           (ii)  the governor under Section 418.014,
  Government Code; or
                           (iii)  the presiding officer of the
  governing body of a political subdivision under Section 418.108,
  Government Code; or
                     (B)  subject to an emergency evacuation order.
         SECTION 3.03.  Subchapter D, Chapter 32, Penal Code, is
  amended by adding Section 32.61 to read as follows:
         Sec. 32.61.  MALICIOUS SOLICITATION OF DISASTER VICTIM OR
  FOR DISASTER RESPONSE OR RECOVERY.  (a)  In this section:
               (1)  "Disaster" has the meaning assigned by Section
  418.004, Government Code.
               (2)  "Disaster volunteer" means a person who provides
  or offers to provide a service at no cost to or at the direction of:
                     (A)  a victim of a disaster; or
                     (B)  a governmental entity engaged in disaster
  response or recovery.
               (3)  "Relative" has the meaning assigned by Section
  20.01.
               (4)  "Victim of a disaster" means a person who has
  suffered harm as a result of a disaster.
         (b)  A person commits an offense if the person, with the
  intent to defraud or harm any person:
               (1)  solicits a donation from another person while
  inducing the other person to believe that the donation will be used
  for disaster response or recovery, regardless of the manner of
  solicitation;
               (2)  solicits donations on behalf of a donee with the
  intent to retain the donations instead of delivering the donations
  to the donee on whose behalf the donations were solicited;
               (3)  solicits payment from a victim of a disaster
  after:
                     (A)  providing services to the victim that are
  related to disaster response or recovery, including debris removal
  or transportation; and
                     (B)  inducing the victim to believe that:
                           (i)  the person is a disaster volunteer; and
                           (ii)  the services described by Paragraph
  (A) would be provided at no cost to the victim; or
               (4)  solicits payment from a victim of a disaster while
  inducing the victim to believe that the actor will search for or
  return to the victim a relative who is believed to be missing as a
  result of the disaster.
         (c)  An offense under Subsection (b)(1), (2), or (3) is:
               (1)  for a first offense, a felony of the third degree;
  or
               (2)  for a second or subsequent offense, a felony of the
  second degree.
         (d)  Notwithstanding Subsection (c), an offense under
  Subsection (b)(1), (2), or (3) is a felony of the first degree if
  the person fabricated a designation described by Subchapter L,
  Chapter 418, Government Code.
         (e)  An offense under Subsection (b)(4) is a felony of the
  first degree.
         (f)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section or the other law, or both.
         SECTION 3.04.  Section 31.03, Penal Code, as amended by this
  article, 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 on the
  date 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.
  ARTICLE 4.  CIVIL LIABILITY FOR MALICIOUS SOLICITATION DURING
  DISASTER
         SECTION 4.01.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 100D to read as follows:
  CHAPTER 100D.  LIABILITY FOR MALICIOUS SOLICITATION DURING DISASTER
         Sec. 100D.001.  DEFINITION.  In this chapter, "malicious
  solicitation during a disaster" means conduct that constitutes an
  offense under Section 32.61, Penal Code.
         Sec. 100D.002.  LIABILITY.  A person who engages in
  malicious solicitation during a disaster is liable to the donee on
  whose behalf the payment was collected, the donee's estate, the
  donor from whom the payment was solicited, or the donor's estate.
         Sec. 100D.003.  DAMAGES.  (a)  A court shall award a donee or
  donee's estate who prevails in an action brought under this
  chapter:
               (1)  300 percent of the amount of donations the
  defendant collected on behalf of the donee; and
               (2)  reasonable and necessary attorney's fees.
         (b)  A court shall award a donor or a donor's estate who
  prevails in an action brought under this chapter:
               (1)  300 percent of the amount of donations the
  defendant collected from the donor; and
               (2)  reasonable and necessary attorney's fees.
         (c)  Nothing in this section prevents a donee, donee's
  estate, donor, or donor's estate from pursuing a claim for
  exemplary damages under Chapter 41 for the defendant's malicious
  solicitation during a disaster.
         SECTION 4.02.  Chapter 100D, Civil Practice and Remedies
  Code, as added by this article, applies only to a cause of action
  that accrues on or after the effective date of this Act.
  ARTICLE 5.  EFFECTIVE DATE
         SECTION 5.01.  This Act takes effect on the 91st day after
  the last day of the legislative session.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I certify that H.B. No. 20 was passed by the House on August
  21, 2025, by the following vote:  Yeas 135, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 20 on September 3, 2025, by the following vote:  Yeas 129, Nays
  0, 1 present, not voting.
  ______________________________
  Chief Clerk of the House   
         I certify that H.B. No. 20 was passed by the Senate, with
  amendments, on September 3, 2025, by the following vote:  Yeas 26,
  Nays 0.
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
           __________________
                Governor