The Disaster Volunteer Management and Scam Prevention Act aims to enhance the regulation of disaster-related activities, particularly focusing on social media platforms, disaster relief organizations, and volunteers. It introduces Chapter 722 to the Business & Commerce Code, which requires social media platforms to include warnings on posts soliciting disaster-related donations, alerting users to potential scams and encouraging verification of sources. The bill also establishes a voluntary state certification program for disaster relief organizations, overseen by the Texas Division of Emergency Management and the attorney general's office. Additionally, it mandates registration for disaster volunteers, outlines eligibility criteria, and allows for criminal history checks, with the possibility of charging a fee for this service.
Moreover, the bill amends the Penal Code to define "disaster area" and creates a new offense for the "malicious solicitation of disaster victims," criminalizing soliciting donations under false pretenses. It categorizes penalties based on the severity of the crime, with first offenses classified as third-degree felonies and escalating for subsequent offenses. The most severe offense, related to misleading victims about locating missing relatives, is classified as a first-degree felony. The legislation ensures that it applies only to disaster declarations or emergency evacuation orders issued after its effective date, thereby maintaining the applicability of prior laws for offenses committed before this bill's enactment.
Statutes affected: Introduced: Penal Code 31.03 (Penal Code 31)