§ 100D.002.Liability
Title 4. Liability in Tort · Chapter 100D. Liability for Malicious Solicitation During Disaster · Last amended 2025 · Last verified August 29, 2026
Full Text of § 100D.002
Plain-English Summary
One sentence, and its list of claimants is what separates this chapter from its neighbour.
A person who engages in malicious solicitation during a disaster is liable to the donee on whose behalf the payment was collected, the donee's estate, the donor from whom the payment was solicited, or the donor's estate.
Four possible claimants, and the donor is the addition. The fraudulent crowdfunding chapter gives the claim to the donee alone; this gives it to both sides of the transaction.
That makes sense of the different measures. A donee has one claim covering everything raised in their name; a donor has a claim for what they personally gave — and the damages section provides separately for each.
Including the donor matters because the donee may not exist. A solicitation falsely claiming to benefit disaster victims generally may name no particular person, in which case there is no donee to sue and the donors are the only claimants available.
Both estates are included, which follows the pattern of the crowdfunding chapter and covers the case where a beneficiary or a donor has died.
The two chapters were enacted in the same session and share a drafter's template. Where they diverge — the claimant list, and the multiplier — the divergence is deliberate.
Frequently Asked Questions
Who can sue for malicious solicitation during a disaster?
The donee on whose behalf the payment was collected, the donee's estate, the donor from whom the payment was solicited, or the donor's estate.
Can donors sue here?
Yes, unlike the fraudulent crowdfunding chapter, which gives the claim to the donee alone.
What if no particular beneficiary was named?
Then there is no donee to sue, and the donors are the claimants the chapter provides for.
Amendment History
- Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 9 (H.B. 20), Sec. 4.01, eff. December 4, 2025.