Texas House Bill HB3902

Texas 2017 - 85th Regular

Caption

Relating to commencement and prosecution of certain actions by and to investigations conducted by district and county attorneys under the Deceptive Trade Practices-Consumer Protection Act.

Impact

The proposed amendments will allow district and county attorneys to act regarding deceptive trade practices associated with synthetic substances, which are often a cause for concern in consumer safety. Should this bill become law, it may potentially lead to an increase in local enforcement actions, thereby enhancing the deterrent effect against unlawful practices in this area. Additionally, under this bill, any settlements or penalties collected would be fairly distributed, providing resources both to the state and the counties involved, which could further incentivize such law enforcement actions.

Summary

House Bill 3902 focuses on amending the Deceptive Trade Practices-Consumer Protection Act by granting district and county attorneys the authority to commence actions against the production, sale, distribution, or promotion of certain synthetic substances. This amendment aims to enhance the enforcement potential of local attorneys in protecting consumers, thereby moving some responsibilities typically managed by the consumer protection division to local law enforcement agencies. By broadening the scope of who can initiate these proceedings, the bill seeks to streamline the process and improve consumer safeguarding measures.

Sentiment

Overall, the sentiment surrounding HB 3902 appears to be supportive among those concerned with consumer rights and safety. Advocates highlight the importance of empowering local authorities to address deceptive practices more effectively. However, there could be some contention regarding how the allocation of settlements might affect local budgets, as well as concerns about the adequacy of resources available to district and county attorneys for effective enforcement.

Contention

One notable point of contention likely centers around the operational capacity of local attorneys and whether they have the requisite resources to effectively manage the increase in duties implied by this bill. There may also be differing opinions on the potential effects of decentralized enforcement on the consistency of consumer protections across different jurisdictions. As the enforcement capabilities shift towards local authorities, stakeholders will need to monitor whether this leads to equitable protection for consumers throughout the state.