This article regulates the time, place and manner for residential solicitation and the distribution of handbills. The provisions of this article, however, shall not apply to:
(1) 
The regular delivery of newspapers, magazines, or other items which have been subscribed to by the persons receiving them or by occupants of the premises to which they are delivered;
(2) 
The interruption of service notices by utility companies;
(3) 
The distribution of mail by the United States government;
(4) 
The service of any lien foreclosure;
(5) 
Governmental notices of any character distributed by the city or any other governmental entity; or
(6) 
Any exceptions authorized by federal or state law.
(Ordinance 1516 adopted 6/12/2023)
The following words and phrases, when used in this article, shall have the meaning ascribed to them by this section:
Business day
means any calendar day except Saturday, Sunday or any city, state or national holiday.
Charitable purpose
means philanthropic, religious or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans' association or organization; the benefit of any fraternal, social or civil organization, or the benefit of any educational institution. "Charitable purpose" shall not be construed to include the direct benefit of the individual making the solicitation. "Charitable purpose" shall not be construed to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law.
Consumer
means an individual who seeks or acquires real or personal property, services, money, or credit for personal, family or household purposes.
Consumer transaction
means a sales transaction in which one (1) or more of the parties is a consumer.
Deposit or depositing a handbill
means to place, distribute, hand out, or circulate any type of handbill.
Handbill, commercial
means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, or booklet, or any other printed or otherwise reproduced original copies of any matter or literature, which:
(1) 
Advertises for sale any merchandise, product, commodity, service, or thing;
(2) 
Directs attention to any business, mercantile, or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof;
(3) 
Directs attention or advertises any meeting, theatrical performance, exhibition, group, fundraiser, or other event whether the purpose of directing attention and advertising is for private gain or for raising funds for a charitable purpose; or
(4) 
Contains information that is of a noncommercial nature, but remains predominantly and essentially an advertisement, and is distributed or circulated for advertisement purposes, for private gain, or for raising funds for a charitable purpose.
Handbill, noncommercial
means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, or booklet, or any other printed or otherwise reproduced original copies of any matter or literature, pertaining to any speech not included in the definition of commercial handbill. Noncommercial handbills include, but are not limited to, handbills containing exclusively political and religious speech.
Handbill distributor
means and includes any person engaging or engaged in the business for hire or gain of distributing commercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such commercial handbills.
Handbill sponsor
means and includes the person, firm, or corporation who is utilizing commercial handbills as a medium of advertising or spreading a message.
Home solicitation transaction
means: (i) a consumer transaction for the purchase of goods, services, or realty, payable in installments or in cash, in which the merchant engages in a personal solicitation of the sale to the consumer at a residence in person and the consumer's agreement of offer to purchase is given at the residence to the merchant; or (ii) any request for funds made by a person soliciting to the occupant of a residence at a place of residence and the solicitor is unknown to the occupant or owner of the residence at which the request for funds is made. A home solicitation transaction shall not include a sale made pursuant to a preexisting revolving charge account or retail charge agreement; or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale; or a sale where the consumer initiated a request for an appointment for the merchant to send a representative to his or her residence; or a sale of realty which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker.
Individual or person
means an individual, a person, a group of two (2) or more individuals, a proprietorship, a partnership, a corporation, a limited liability company, an association, or other legal entity.
Job placement activities
means any request, offer, enticement, or action which announces the availability for or of employment or seeks to secure employment. As defined herein, "job placement activities" shall be deemed complete when made whether or not an actual employment relationship is created.
Merchant
means a party to a consumer transaction other than a consumer.
Residence
means any living unit, occupied for residential purposes by one (1) or more persons, contained within any type of building or structure.
Solicit funds or solicitation of funds or solicitation
means any home solicitation transaction; any request for the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value; or the selling, or offering for sale, or the purchasing, or offering to purchase, of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications, or taking or attempting to take orders for the future delivery of goods, merchandise, wares, services, or personal property. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the corporate limit of the city. Expressly excluded from the meaning of "solicit funds" or "solicitation of funds" or "solicitation" is any offers of membership in any organization.
(Ordinance 1516 adopted 6/12/2023)
(a) 
Except as otherwise provided, a permit is required for an individual to personally, or through an agent or employee:
(1) 
Solicit funds; or
(2) 
Distribute any handbill in or upon another's property.
(b) 
A permit is not required for:
(1) 
The solicitation of funds for charitable purposes by a person when such solicitation occurs on premises owned or controlled by the person soliciting funds or with the permission of the person who owns or controls the premises, when previously invited to the premises for the solicitation;
(2) 
The solicitation or distribution of commercial or noncommercial handbills on a public sidewalk designed for pedestrian use as long as the solicitation or distribution does not block the sidewalk for pedestrian use; or
(3) 
The issuance of any announcement or advertisement that charitable solicitation will occur or which announces or advertises an event at which unannounced charitable solicitation will occur.
(Ordinance 1516 adopted 6/12/2023)
(a) 
Prior to any solicitation, a permit application must be submitted in writing to the city police department and shall include the following:
(1) 
The name of the person applying, their residence and business addresses and their residence and business telephone numbers.
(2) 
If different from the person applying, the name of the handbill sponsor if the permit is for the purpose of distributing commercial handbills and the name of the merchant if the permit is for the purpose of solicitation.
(3) 
In regard to any handbill sponsor and/or merchant, the following:
(A) 
If a natural person, the business and residence addresses, email address and telephone number.
(B) 
If a partnership: (i) the names of all partners; (ii) the name, principal business address, and email address; (iii) the telephone number of the partnership and the agent for service of process; and (iv) the state of formation.
(C) 
If a corporation or limited liability company, the person applying must state: (i) the mailing address and telephone number of the principal place of business and the registered agent; (ii) the mailing address, business location, telephone number, email address and name of the individual in charge of the local office of such entity, if any; (iii) the names of all officers and directors or trustees of such corporation, or of all members (if member managed), managers and officers of such limited liability company; and (iv) the state of incorporation or formation.
(D) 
If an association or any other entity, the person applying must state: (i) the mailing address and telephone number of the principal place of business and the agent for process of service; (ii) the names of all members/owners of the association unless they exceed ten (10) in number, in which case the application shall so state and the person registering may alternatively list the names and business addresses and telephone numbers of the officers and directors or trustees of the association; and (iii) if the association is part of a multi-state organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office.
(E) 
The city police department may request satisfactory documentation of an individual's authority to represent the partnership, corporation, association or business entity.
(4) 
The names, mailing address, and telephone number of all individuals who will be in direct charge or control of the solicitation of funds or distribution of commercial handbills and responsible for ensuring compliance with this article.
(5) 
The time period within which the solicitation of funds or distribution of commercial handbills is to be made, giving the date of the beginning of solicitation or distribution, and its concluding date.
(6) 
A description of the methods and means by which the solicitation of funds or distribution of commercial handbills is to be accomplished.
(7) 
The names of other communities in which the applicant has solicited funds or distributed commercial handbills in the past six (6) months and if permits were ever revoked or suspended in those communities.
(8) 
The nature of merchandise to be sold or offered for sale or the nature of the services to be furnished.
(9) 
Whether such applicant, upon any such order so obtained, will demand, accept, or receive payment or deposit of money in advance of final delivery.
(10) 
A statement to the effect that, if a permit is granted, such permit will not be used or represented to be an endorsement or approval by the city or any of its officers or employees.
(11) 
Any other information which the city deems necessary for the administration of this article.
(12) 
The motor vehicle make, model, year, color, and state license plate number of any vehicle which will be used by each solicitor.
(13) 
The location where records are kept of sales which occur within the city and which are available for city inspection to determine that all city sales taxes have been paid.
(14) 
The EIN (Employer Identification Number) of the soliciting organization, if any.
(b) 
Each applicant shall appear in person and provide proof of identification through submission of a valid driver's license or other valid, official photo identification deemed acceptable by the city police department.
(c) 
The application must be accompanied by a copy of a valid state sales tax certificate, if applicable.
(d) 
Information provided by the applicant in accordance with the provisions of this article shall be subject to verification by the city police department.
(e) 
All applications, whether or not a permit is issued, shall be considered public record and shall be available for inspection by members of the public during regular business hours and copies may be obtained in accordance with the Texas Public Information Act. Redactions of personal identification numbers such as social security, EIN or driver license numbers are required under state law.
(Ordinance 1516 adopted 6/12/2023)
(a) 
Except as otherwise provided, every permit [application] shall be accompanied by a nonrefundable fee as set forth in the fee schedule in appendix A of this code and each solicitor listed on the solicitor application is subject to a fee as set forth in the fee schedule in appendix A of the codeto compensate the city for the cost of administering this article, and such fee will not be refunded if a permit is not issued. No permit provided for by this article shall be issued until such fee has been paid by the applicant, unless an exemption applies.
(b) 
The following applicants are not required to pay a permit fee:
(1) 
Individuals operating under licenses granted by a state agency.
(2) 
A duly authorized, nonprofit, "charitable organization", as defined in section 84.003(1) of the Texas Civil Practice and Remedies Code, as it exists or may be amended, and registered as such with the secretary of state of Texas or the Internal Revenue Service, seeking to use such permit for charitable purposes only. Proof of such registration status must be provided to the city upon application.
(Ordinance 1516 adopted 6/12/2023; Ordinance adopting 2023 Code)
(a) 
When an application is filed with the city police department, the city police department shall review the application.
(b) 
The city police department shall approve the application and issue the permit unless:
(1) 
The application fails to comply with a provision of this article;
(2) 
A previous permit issued under this article was revoked within the past twelve months;
(3) 
The city police department determines that the applicant has been convicted or under indictment of a class B misdemeanor or above;
(4) 
The city police department determines that the applicant has furnished false information or identification;
(5) 
The applicant has a warrant out for their arrest; or
(6) 
The applicant has pending criminal charges of a class B misdemeanor or above at the police chief's discretion.
(c) 
The city police department shall notify the applicant of their decision to approve or deny a permit application within ten (10) business days of the receipt of the application. Notification of the decision shall be given in writing and either sent via U.S. mail to the applicant's address as listed on the permit application or delivered to the applicant in person.
(d) 
If the application was turned in as incomplete, the city police department shall not grant or deny the application but shall return the application with an explanation of what additional information/documentation is needed to process the application. The incomplete application and explanation shall be sent within ten (10) business days of the receipt of the application to the applicant's address as listed on the permit application or it shall be delivered to the applicant in person.
(e) 
A permit requested under this section shall be issued for the length of time requested, not to exceed six (6) months. Each solicitor is subject to periodic background checks.
(f) 
The city shall prescribe the form of the permit. The permit may contain a photo of the applicant if accompanied with a waiver signature. The following shall be printed prominently on each permit: "The issuance of this permit is not an endorsement by the City of Terrell Hills or any of its officers or employees." Each permit shall bear a permit number that corresponds with the city's files containing the application filed by the applicant. Each approved solicitor shall display/wear a clearly visible permit that is issued by the at all times while conducting business in the city.
(g) 
A push notification will be disseminated, via the city's "My Terrell Hills" application, upon approval of a new solicitor(s).
(h) 
A "No Trespassing" list (containing addresses only), which is monitored, upkept, and edited by the city police department, shall be established. This list will reflect all residences, houses and properties where trespassing is prohibited. A copy of said list shall be provided to the permitted solicitor upon issuance of the solicitation permit and updated lists distributed via provided email. Any violation of the "No Trespassing" list shall be a violation of this article, as well as a possible criminal (Criminal Trespass: Misdemeanor-B) offense.
(Ordinance 1516 adopted 6/12/2023)
(a) 
If a permit holder fails to comply with this article, the city police department will take the following action:
(1) 
For a first offense under this article, the permit can be revoked or suspended at the police chief's discretion and such offender shall not be eligible to apply for another permit for a period of up to twelve (12) months from the date of revocation.
(2) 
If the applicant fails to report any alleged crime the applicant was accused of or any arrests within three business days after the arrest the permit shall be revoked.
(b) 
If a permit holder is arrested and charged with a class B misdemeanor or above, the permit shall be suspended until final disposition of the criminal charges.
(1) 
Upon conviction or acceptance of deferred adjudication by the court, the permit shall be revoked.
(2) 
If the permit holder is found innocent or the charges dismissed, the suspension of the permit shall be lifted.
(c) 
Upon suspension or revocation, the permit holder shall tender the permit to the city police department until completion of the suspension or successful appeal of the suspension or revocation.
(Ordinance 1516 adopted 6/12/2023)
Should an applicant be denied a permit or have a permit suspended or revoked, he/she may appeal that action to the city manager by submitting a letter within ten (10) business days of the denial, suspension or revocation. The city manager, or his/her designee, shall review the appeal at a staff level and make a determination within ten (10) business days of receiving the appeal request and shall have the authority to uphold or reject the action complained of and order that the permit be granted or reinstated.
(Ordinance 1516 adopted 6/12/2023)
Each solicitor and handbill distributor shall carry with him/her and produce upon the request of any citizen, city employee, or city official, the following information and identification.
(1) 
The permit issued by the city pursuant to this article;
(2) 
A copy of the valid state sales tax certificate, if applicable; and
(3) 
A valid driver's license or other valid, official photo identification.
(Ordinance 1516 adopted 6/12/2023)
(a) 
Except as otherwise prohibited, the distribution of any handbill, including noncommercial and commercial handbills may only be distributed by:
(1) 
Handing the noncommercial handbill or commercial handbill directly to the owner, occupant, or any other person then present in or upon such premises;
(2) 
Depositing the noncommercial handbill or commercial handbill in a secure manner to prevent such handbill from being blown or drifting about the premises, except that mailboxes may not be used when prohibited by federal postal laws or regulations.
(b) 
An individual, directly or through an agent or employee, may not:
(1) 
Throw, cast or scatter any commercial handbill or noncommercial handbill, or leave any commercial handbill or noncommercial handbill unattended that is not securely affixed to the place of deposit.
(2) 
Solicit funds or distribute commercial or noncommercial handbills at a place of residence during the following hours unless invited to do so by the occupant or owner of the residence:
Monday - Sunday:
Before 9:00 a.m.
After 9:00 p.m.
(3) 
Solicit funds or distribute commercial handbills after the revocation or expiration of any permit issued or during the suspension of any permit issued, as hereinafter provided.
(4) 
Solicit funds or distribute commercial handbills for a purpose other than what was represented in the application upon which the permit was issued.
(5) 
Represent that the issuance of a permit by the city constitutes an endorsement or approval of the solicitation or distribution by the city or its officers or employees.
(6) 
Distribute any commercial handbill or noncommercial handbill in or up on any premises which are temporarily or continuously uninhabited or vacant.
(7) 
Distribute any commercial handbill or noncommercial handbill upon any premises if requested not to do so by the owner, occupant, or any other person then present in or upon such premises, or if there is placed on such premises in a conspicuous place upon or near the main entrance of the residence or premises, a card as provided in section 5.03.011 (Exhibiting card prohibiting solicitation and handbills of any type).
(8) 
Distribute any commercial or noncommercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name, address and telephone number of the handbill sponsor who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true name and addresses of the owners, managers, or agents for the fictitious person or club sponsoring such commercial handbill shall also appear thereon.
(9) 
Employ, hire, request, direct or cause, directly or indirectly, another person who does not have a permit to distribute commercial handbills or solicit funds within the city.
(10) 
Distribute commercial handbills or solicit funds under the direction of another and not have a supervisor who can arrive at the location where the person is distributing the handbills or soliciting within ten (10) minutes of being requested to appear, by the police or otherwise.
(11) 
Direct someone else to distribute commercial handbills or solicit funds and not provide a supervisor who can arrive at the location where the person is distributing the handbills or soliciting within ten (10) minutes of being requested to appear, by the police or otherwise.
(12) 
Allow a person or use a permit issued in another person's name or to use a permit issued in another person's name.
(Ordinance 1516 adopted 6/12/2023)
(a) 
A person desiring that no merchant or other person engage in solicitation, a home solicitation transaction, or distribution of commercial handbills or noncommercial handbills at his/her premises shall exhibit, in a conspicuous place upon or near the main entrance to the premises (including but not limited to entrances to: an apartment unit, building or complex; a single- or multi-family residential structure; private sidewalks; a development with private streets; or areas maintained by a property owners' association) a weatherproof card, not less than three (3) inches by four (4) inches in size bearing the words, "no advertisements", "no solicitation", "no trespassing" or "no handbills", to indicate that the occupants of such premises do not desire to be molested or to have their right of privacy disturbed, or to have a handbill of any type left upon the premises. The letters on such cards shall not be less than two-thirds (2/3) of an inch in height.
(b) 
Every person upon going onto any premises shall first examine the premises to determine if any notice prohibiting soliciting or distribution of commercial handbill or noncommercial handbill distribution is exhibited upon or near the main entrance to the premises. If notice prohibiting solicitation or commercial handbill or noncommercial handbill distribution is exhibited, the person shall immediately depart from the premises without disturbing, placing, or depositing any type of handbill or disturbing the occupant, unless the visit is the result of a request made by the occupant.
(c) 
No person shall go upon any premises and ring the doorbell, or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the premises, for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a solicitation or distribution transaction, if a card, as described in this section, is exhibited in compliance with this section, unless the visit is the result of a request made by the occupant.
(d) 
No person, other than the owner or occupant of the premises, shall remove, deface, or render illegible a card placed by the occupant pursuant to this section.
(e) 
Any merchant or person who has gained entrance to a premises, or audience with the occupant, whether invited or not, shall immediately depart from the premises without disturbing the occupant further when requested to leave by the occupant.
(Ordinance 1516 adopted 6/12/2023)
Any owner, person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 1516 adopted 6/12/2023)