Texas Property Code 41.0051 – Disclaimer and Disclosure Required
(a) A person may not deliver a written advertisement offering, for a fee, to designate property as a homestead as provided by § 41.005 unless there is a disclaimer on the advertisement that is conspicuous and printed in 14-point boldface type or 14-point uppercase typewritten letters that makes the following statement or a substantially similar statement:
THIS DOCUMENT IS AN ADVERTISEMENT OF SERVICES. IT IS NOT AN OFFICIAL DOCUMENT OF THE STATE OF TEXAS.
(b) A person who solicits solely by mail or by telephone a homeowner to pay a fee for the service of applying for a property tax refund from a tax appraisal district or other governmental body on behalf of the homeowner shall, before accepting money from the homeowner or signing a contract with the homeowner for the person’s services, disclose to the homeowner the name of the tax appraisal district or other governmental body that owes the homeowner a refund.
Terms Used In Texas Property Code 41.0051
- Appraisal: A determination of property value.
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A person’s failure to provide a disclaimer on an advertisement as required by Subsection (a) or to provide the disclosure required by Subsection (b) is considered a false, misleading, or deceptive act or practice for purposes of § 17.46(a), Business & Commerce Code, and is subject to action by the consumer protection division of the attorney general’s office as provided by § 17.46(a), Business & Commerce Code.