§ 2471 - Definitions
§ 2471. Definitions TITLE 9Commerce and TradePART IIISales, Assignments and Secured TransactionsCHAPTER 63. CONSUMER FRAUDSubchapter II. Charitable Solicitations
§ 2471. Definitions
As used in this subchapter:
(1) "Charitable" means related to a charitable purpose.
(2) "Charitable organization" means any organization which is or holds itself out to be furthering any charitable purpose.
(3) "Charitable purpose" means any benevolent, educational, philanthropic, humane, patriotic, social welfare, advocacy, public health, environmental conservation or civic objective or any objective of law enforcement officers, firefighters or other persons who protect the public safety.
(4) "Contribution" means the grant, promise or pledge of money, credit, financial assistance or other goods or services in part or in whole for a charitable purpose.
(5) "Contributor" means a person who makes a contribution.
(6) "Fundraising campaign" means an effort undertaken during a specific time period by a paid fundraiser to solicit contributions on behalf of a charitable organization.
(7) "Gross receipts" mean all receipts before deduction of any administrative or operating expenses.
(8) "Paid fundraiser" means a person who, for financial consideration, solicits contributions from persons in this state, either directly or through employees, agents, or those with whom the paid fundraiser is in privity. A paid fundraiser does not include:
(A) Any person who, for compensation, plans, manages, advises or consults in connection with the solicitation of contributions in this state, but does not solicit contributions; except that if the compensation is in whole or in part dependent on the number or value of contributions received, the person shall be considered a paid fundraiser.
(B) Any person who for profit is regularly and primarily engaged in trade or commerce in this state other than in connection with the raising of funds for charitable purposes and who represents to the public that an amount per unit of goods or services purchased by the public will benefit a charitable purpose.
(C) A bona fide officer or employee of a charitable organization.
(D) A person who solicits for an educational institution at which he or she is a bona fide student, unless the person is paid compensation which is in whole or in part dependent upon the number or value of contributions received.
(9) "Solicit" and "solicitation" mean the direct or indirect request for a contribution, including the solicitor's offer or attempt to sell any property, rights, services or other thing, in connection with which:
(A) The name of any charitable organization or name similar to any charitable organization is used as an inducement for making the contribution or consummating the sale.
(B) Any statement is made which implies that the whole or any part of the contribution will be donated to any charitable organization or will go to any charitable purpose. A solicitation shall be deemed to have taken place when the request for a contribution is made and at the place where the request is received, whether or not the person making the solicitation receives a contribution. A request or appeal on behalf of a candidate for office or a political committee is not a solicitation. (Added 1989, No. 232 (Adj. Sess.), § 2; amended 1991, No. 102.)