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