Texas Senate Bill SB1247

Texas 2021 - 87th Regular

Caption

Relating to the Texas Free Enterprise and Antitrust Act of 1983.

Impact

The primary impact of SB1247 is the increase in authority granted to the attorney general concerning the investigation of antitrust violations. The amendments facilitate a more streamlined process for conducting investigations, allowing the attorney general to issue demands for documentary materials and testimony from individuals and businesses suspected of non-compliance. By ensuring the confidentiality of investigative files, the bill also aims to protect sensitive business information while promoting transparency in legal processes concerning fair trade practices.

Summary

SB1247 seeks to amend the Texas Free Enterprise and Antitrust Act of 1983 by expanding the attorney general's powers in conducting civil antitrust investigations. The bill introduces specific definitions for 'investigative files' and outlines the procedures for issuing civil investigative demands, requiring compliance from businesses when the attorney general suspects violations of antitrust laws. This enhances the state's capabilities to monitor and enforce compliance within the business sector, aiming to create a fair competitive environment and protect consumers from monopolistic practices.

Sentiment

Reactions to SB1247 are varied, with proponents arguing that it is a necessary step to protect consumers and uphold fair market practices. Supporters believe that the bill empowers the attorney general to effectively act against corporations that engage in anti-competitive behavior. Conversely, opponents contend that the expanded powers could lead to overreach by the attorney general, potentially stifling business operations and innovation. This division reflects broader concerns about regulation, business freedom, and the balance of power within the state's legal framework.

Contention

As the bill provides for more stringent investigative capabilities, notable points of contention arise around the balance between consumer protection and the operational freedoms of businesses. Critics are particularly concerned about the potential for excessive scrutiny and the implications this may have for smaller businesses that might struggle with compliance costs. The debate underscores a key tension in the legislative discourse on how best to safeguard public interests while ensuring a conducive environment for economic growth.