§ 74-96. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Charity or charitable, educational, patriotic or philanthropic purpose means the use, actual or represented, of money or property for:

(1)

The benefit of any poor, underprivileged, needy, sick or handicapped person;

(2)

The benefit of any church, congregation, religious society or other religious group or order;

(3)

Patriotic purposes such as the teaching of patriotism;

(4)

The benefit of any veteran or veteran's organization or association;

(5)

The defense or general welfare of the United States or any state or nation;

(6)

The relief of any race or group of people;

(7)

Civic purposes such as social or cultural functions or the improvement or beautification of any state, city, or community;

(8)

The benefit of any fraternal or social organization or any member or group of members of such an organization; or

(9)

The benefit of existing educational institutions or for the establishment or endowment of educational institutions or for the aid and assistance in the education of any person or group of persons.

Charitable solicitations campaign means any course of conduct whereby a:

(1)

Person shall solicit money or property on the plea or representation that the proceeds therefrom are for any charitable, educational, patriotic or philanthropic purpose;

(2)

Corporation chartered under the Texas Nonprofit Corporation Act or any of its agents, solicits money or property; or

(3)

Person shall solicit money or property for an organization that is organized for any charitable, educational, patriotic or philanthropic purpose.

Cost of fundraising means all costs incurred in raising the funds solicited.

Organization includes associations, clubs, societies, firms, partnerships and corporations, as well as individuals or groups of individuals.

Professional promoter or professional solicitor means a person who, for compensation, plans, promotes, conducts, manages, carries on or makes solicitations for any charitable solicitations campaign. A bona fide officer or regular employee of a charitable, educational, patriotic or philanthropic organization shall not be deemed a professional promoter or professional solicitor because of his participation in a charitable solicitations campaign by or on behalf of his employer.

Solicit or solicitation means the following methods of securing or attempting to secure money or property:

(1)

Any oral or written request;

(2)

The distribution, circulation, posting or publishing of any handbill, written advertisement or publication; or

(3)

The sale or the offer or attempt to sell any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing.

A solicitation shall be deemed completed when made, whether or not the person making the solicitation receives any money or property or makes any sale.

(Code 1967, § 22-21; Ord. No. 5430, § 1, 1-11-90)

Cross reference

Definitions generally, § 1-2.