LIABILITY FOR MALICIOUS SOLICITATION DURING DISASTER

Tex. CIV. PRAC. & REM Code ch. 100D

in effect

Tex. CIV. PRAC. & REM Code § 100D.001. DEFINITION.

In this chapter, "malicious solicitation during a disaster" means conduct that constitutes an offense under Section 32.61 , Penal Code. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 9 (H.B. 20 ), Sec. 4.01, eff. December 4, 2025.

Tex. CIV. PRAC. & REM Code § 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. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 9 (H.B. 20 ), Sec. 4.01, eff. December 4, 2025.

Tex. CIV. PRAC. & REM Code § 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. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 9 (H.B. 20 ), Sec. 4.01, eff. December 4, 2025.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/28/2026