Texas 2009 - 81st Regular

Texas House Bill HB2128 Compare Versions

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1	1	H.B. No. 2128
2	2
3	3
4	4	AN ACT
5	5	relating to the enforcement of regulations regarding the sale of
6	6	plastic bulk merchandise containers.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 35.63, Business & Commerce Code, as
9	9	added by Chapter 307, Acts of the 80th Legislature, Regular
10	10	Session, 2007, is amended by amending Subsection (f) and adding
11	11	Subsection (g) to read as follows:
12	12	(f) The attorney general or appropriate prosecuting
13	13	attorney may:
14	14	(1) investigate an alleged violation of this section;
15	15	and
16	16	(2) sue to collect a civil penalty under this section.
17	17	(g) The attorney general or appropriate prosecuting
18	18	attorney may recover reasonable expenses, including court costs,
19	19	attorney's fees, investigative costs, witness fees, and deposition
20	20	expenses, incurred in recovering a civil penalty under this
21	21	section.
22	22	SECTION 2. Section 204.004, Business & Commerce Code, as
23	23	effective September 1, 2009, is amended to read as follows:
24	24	Sec. 204.004. INVESTIGATIVE AND ENFORCEMENT AUTHORITY [OF
25	25	CIVIL PENALTY]. (a) The attorney general or appropriate
26	26	prosecuting attorney may:
27	27	(1) investigate an alleged violation of this chapter;
28	28	and
29	29	(2) sue to collect a civil penalty under this chapter.
30	30	(b) The attorney general or appropriate prosecuting
31	31	attorney may recover reasonable expenses, including court costs,
32	32	attorney's fees, investigative costs, witness fees, and deposition
33	33	expenses, incurred in recovering a civil penalty under this
34	34	section.
35	35	SECTION 3. (a) Section 1 of this Act takes effect only if
36	36	the Act of the 81st Legislature, Regular Session, 2009, relating to
37	37	nonsubstantive additions to and corrections in existing codes does
38	38	not become law. If the Act of the 81st Legislature, Regular
39	39	Session, 2009, relating to nonsubstantive additions to and
40	40	corrections in existing codes becomes law, Section 1 of this Act has
41	41	no effect.
42	42	(b) Section 2 of this Act takes effect only if the Act of the
43	43	81st Legislature, Regular Session, 2009, relating to
44	44	nonsubstantive additions to and corrections in existing codes
45	45	becomes law. If the Act of the 81st Legislature, Regular Session,
46	46	2009, relating to nonsubstantive additions to and corrections in
47	47	existing codes does not become law, Section 2 of this Act has no
48	48	effect.
49	49	SECTION 4. This Act takes effect September 1, 2009.
50	50	______________________________ ______________________________
51	51	President of the Senate Speaker of the House
52	52	I certify that H.B. No. 2128 was passed by the House on May
53	53	15, 2009, by the following vote: Yeas 127, Nays 12, 1 present, not
54	54	voting.
55	55	______________________________
56	56	Chief Clerk of the House
57	57	I certify that H.B. No. 2128 was passed by the Senate on May
58	58	27, 2009, by the following vote: Yeas 31, Nays 0.
59	59	______________________________
60	60	Secretary of the Senate
61	61	APPROVED: _____________________
62	62	Date
63	63	_____________________
64	64	Governor