| 1 | 1 | | 81R1408 KFF-D |
|---|
| 2 | 2 | | By: Brown of Brazos H.B. No. 654 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the prices of certain consumer goods and services |
|---|
| 8 | 8 | | during a declared state of disaster. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, as |
|---|
| 11 | 11 | | effective April 1, 2009, is amended by adding Chapter 106 to read as |
|---|
| 12 | 12 | | follows: |
|---|
| 13 | 13 | | CHAPTER 106. PRICING OF CERTAIN CONSUMER GOODS AND SERVICES DURING |
|---|
| 14 | 14 | | DECLARED STATE OF DISASTER |
|---|
| 15 | 15 | | Sec. 106.001. DEFINITIONS. In this chapter: |
|---|
| 16 | 16 | | (1) "Designated disaster area" means the geographical |
|---|
| 17 | 17 | | area of this state subject to a declaration of a state of disaster |
|---|
| 18 | 18 | | under Section 418.014, Government Code. |
|---|
| 19 | 19 | | (2) "Disaster" has the meaning assigned by Section |
|---|
| 20 | 20 | | 418.004, Government Code. |
|---|
| 21 | 21 | | (3) "Essential consumer good or service" means a good |
|---|
| 22 | 22 | | or service that is: |
|---|
| 23 | 23 | | (A) purchased or provided primarily for |
|---|
| 24 | 24 | | personal, family, or household purposes; and |
|---|
| 25 | 25 | | (B) necessary for the health, safety, or welfare |
|---|
| 26 | 26 | | of a consumer. |
|---|
| 27 | 27 | | Sec. 106.002. EXECUTIVE ORDER TO FREEZE CERTAIN PRICES |
|---|
| 28 | 28 | | DURING DECLARED DISASTER. (a) During the time a state of disaster |
|---|
| 29 | 29 | | is in effect under Section 418.014, Government Code, the governor |
|---|
| 30 | 30 | | may implement this section by executive order if the governor |
|---|
| 31 | 31 | | determines that it is necessary to prevent persons from taking |
|---|
| 32 | 32 | | advantage of consumers by charging exorbitant or excessive prices |
|---|
| 33 | 33 | | for essential consumer goods or services that are not readily |
|---|
| 34 | 34 | | available as a result of a disaster. |
|---|
| 35 | 35 | | (b) A merchant or wholesaler may not sell or offer to sell an |
|---|
| 36 | 36 | | essential consumer good or service in a designated disaster area at |
|---|
| 37 | 37 | | a price that is in excess of the price at which the good or service |
|---|
| 38 | 38 | | was sold or offered for sale by the merchant or wholesaler in the |
|---|
| 39 | 39 | | usual course of business, or was readily obtainable by consumers in |
|---|
| 40 | 40 | | the trade area, immediately before the date specified in the |
|---|
| 41 | 41 | | executive order, which may not be earlier than the date the governor |
|---|
| 42 | 42 | | declared a state of disaster under Section 418.014, Government |
|---|
| 43 | 43 | | Code. |
|---|
| 44 | 44 | | (c) The governor may restrict the price freeze provided |
|---|
| 45 | 45 | | under Subsection (b) to particular categories of essential consumer |
|---|
| 46 | 46 | | goods or services by specifically identifying in the executive |
|---|
| 47 | 47 | | order issued under this section the categories of essential |
|---|
| 48 | 48 | | consumer goods or services to which the price freeze applies. |
|---|
| 49 | 49 | | (d) A violation of this section is a deceptive trade |
|---|
| 50 | 50 | | practice under Subchapter E, Chapter 17, and constitutes a |
|---|
| 51 | 51 | | violation separate from any violation of Section 17.46(b)(27). |
|---|
| 52 | 52 | | Sec. 106.003. PUBLICATION OF EXECUTIVE ORDER. The governor |
|---|
| 53 | 53 | | shall publish the executive order: |
|---|
| 54 | 54 | | (1) on the office of the governor's Internet website; |
|---|
| 55 | 55 | | and |
|---|
| 56 | 56 | | (2) in any other manner the governor considers |
|---|
| 57 | 57 | | adequate to give notice to persons in the designated disaster area. |
|---|
| 58 | 58 | | Sec. 106.004. TERMINATION OF EXECUTIVE ORDER. Unless |
|---|
| 59 | 59 | | terminated on an earlier date by the governor, an executive order |
|---|
| 60 | 60 | | issued under this section automatically terminates on the date a |
|---|
| 61 | 61 | | declared state of disaster is terminated under Section 418.014, |
|---|
| 62 | 62 | | Government Code. |
|---|
| 63 | 63 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 64 | 64 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 65 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 66 | 66 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 67 | 67 | | Act takes effect September 1, 2009. |
|---|