Tex. Bus. & Com. Code Section 17.923
Required Disclosures for Telephone or Door-to-door Solicitations

(a)

A for-profit entity or individual who makes, or directs another person to make, a telephone or door-to-door solicitation requesting that the person solicited donate clothing or household goods may not subsequently sell the donated items unless the solicitor provides to each person solicited, before accepting a donation from the person, the appropriate disclaimer prescribed by this section.

(b)

If none of the proceeds from the sale of the donated items will be given to a charitable organization, the solicitor must state:
“DONATIONS ARE NOT FOR CHARITABLE ORGANIZATIONS AND WILL BE SOLD FOR PROFIT.”

(c)

If any of the proceeds from the sale of the donated items will be given to a charitable organization, the solicitor must state:
“DONATIONS TO (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) WILL BE SOLD FOR PROFIT AND ____ PERCENT (INSERT PERCENTAGE) OF ALL PROCEEDS WILL BE DONATED TO (NAME OF CHARITABLE ORGANIZATION).”

(d)

If the for-profit entity or individual pays to a charitable organization a flat fee that is not contingent on the proceeds generated from the sale of the donated items and the for-profit entity or individual retains a percentage of the proceeds from the sale, the solicitor must state:
“SOLICITATIONS FOR DONATIONS ARE MADE BY (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) ON BEHALF OF (NAME OF CHARITABLE ORGANIZATION). Donations will be sold for profit by (name of for-profit entity or individual) and a flat fee of (insert amount) is paid to (name of charitable organization).”
Added by Acts 2009, 81st Leg., R.S., Ch. 1368 (S.B. 776), Sec. 1, eff. September 1, 2009.

Source: Section 17.923 — Required Disclosures for Telephone or Door-to-door Solicitations, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­17.­htm#17.­923 (accessed Jun. 5, 2024).

17.01
Definitions 17.08
Private Use of State Seal 17.11
Deceptive Wholesale and Going-out-of-business Advertising 17.12
Deceptive Advertising 17.29
Misusing Container 17.30
Misusing Dairy Container Bearing Proprietary Mark 17.31
Identification, Possession, and Use of Certain Containers 17.41
Short Title 17.42
Waivers: Public Policy 17.43
Cumulative Remedies 17.44
Construction and Application 17.45
Definitions 17.46
Deceptive Trade Practices Unlawful 17.47
Restraining Orders 17.48
Duty of District and County Attorney 17.49
Exemptions 17.50
Relief for Consumers 17.55
Promotional Material 17.56
Venue 17.57
Subpoenas 17.58
Voluntary Compliance 17.59
Post Judgment Relief 17.60
Reports and Examinations 17.61
Civil Investigative Demand 17.62
Penalties 17.63
Application 17.81
Definition 17.82
Prohibited Conduct 17.83
Original Inventory 17.84
Permit 17.85
Deadline for Orders 17.86
Sale Inventory 17.87
Final Inventory 17.88
Disposition of Sale Items 17.89
Later Sales 17.90
Form of Inventory 17.91
Exceptions 17.92
Penalty 17.93
Injunction 17.461
Pyramid Promotional Scheme 17.462
Listing of Business Location of Certain Businesses 17.463
Production, Sale, Distribution, or Promotion of Certain Synthetic Substances 17.464
Unconscionable Price for Care at Emergency Facility 17.501
Consumer Protection Division Participation in Class Action 17.505
Notice 17.506
Damages: Defenses 17.555
Indemnity 17.565
Limitation 17.821
Definitions 17.822
Meat Labeling 17.823
Sale of Nonkosher Food 17.824
Exception 17.825
Civil Remedy 17.826
Penalty 17.835
Notice of Filing of Original Inventory 17.851
Definitions 17.852
Inquiry as to Producer 17.853
Unlawful Acts 17.854
Penalty 17.881
Definitions 17.882
Meat Labeling 17.883
Sale of Nonhalal Food 17.884
Civil Remedy 17.885
Criminal Penalty 17.901
Definitions 17.902
Unauthorized Advertisement, Promotion, or Conduction of Certain Live Musical Performances 17.903
Injunction 17.904
Civil Penalty 17.921
Definitions 17.922
Required Disclosure for Collections Through Public Receptacle 17.923
Required Disclosures for Telephone or Door-to-door Solicitations 17.924
Required Disclosures for Mail Solicitations 17.925
Local Ordinance or Regulation 17.926
Civil Penalty 17.951
Definition 17.952
Bad Faith Claim of Patent Infringement Prohibited 17.953
Enforcement by Attorney General 17.954
Construction of Subchapter 17.955
No Private Cause of Action 17.4625
Price Gouging During Declared Disaster 17.5051
Mediation 17.5052
Offers of Settlement
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 17.923’s source at texas​.gov