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. The bill introduces Chapter 722 to the Business & Commerce Code, which mandates social media platforms to include warnings on posts soliciting disaster-related donations, alerting users to potential scams and encouraging verification of sources. It 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, individuals wishing to serve as disaster volunteers must register and undergo a criminal history check, with penalties for failing to register and increased penalties for theft offenses in disaster areas.

The bill amends the Penal Code by defining "disaster area" and creating a new offense for the "malicious solicitation of disaster victims," which criminalizes soliciting donations under false pretenses related to disaster recovery. Offenses are classified with varying degrees of felonies based on intent to defraud, with specific penalties for first and subsequent offenses. The legislation clarifies that increased penalties do not apply if a specific penalty is applicable and stipulates that the new provisions will only apply to disaster declarations or emergency evacuation orders issued after the Act's effective date, which is set to take effect 91 days after the legislative session concludes.

Statutes affected:
Introduced: Penal Code 31.03 (Penal Code 31)