85R22999 GRM-D
By: Wu H.B. No. 1435
Substitute the following for H.B. No. 1435:
By: Farrar C.S.H.B. No. 1435
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 17, Business & Commerce
Code, is amended by adding Section 17.463 to read as follows:
Sec. 17.463. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION
OF CERTAIN SYNTHETIC SUBSTANCES. (a) This section applies only to
an act described by Section 17.46(b)(31).
(b) Subject to Subsection (e) and except as otherwise
provided by this section, an act to which this section applies is
subject to action by a district or county attorney under Sections
17.47, 17.58, 17.60, and 17.61 to the same extent as the act is
subject to action by the consumer protection division under those
sections.
(c) If a district or county attorney, under the authority of
this section, accepts assurance of voluntary compliance under
Section 17.58, the district or county attorney must file the
assurance of voluntary compliance in the district court in the
county in which the alleged violator resides or does business.
(d) If a district or county attorney, under the authority of
this section, executes and serves a civil investigative demand and
files a petition described by Section 17.61(g), the petition must
be filed in the district court in the county where the parties
reside.
(e) A district or county attorney may act under this section
so long as the consumer protection division does not intend to act
with respect to that matter.
(f) Notwithstanding any other law, in an action brought by a
district or county attorney under this section, all settlements or
penalties collected by the district or county attorney shall be
divided between the state and the county in which the attorney
brought suit, with:
(1) 50 percent of the amount collected paid to the
comptroller for deposit to the credit of the basic civil legal
services account established by Section 51.943, Government Code;
and
(2) 50 percent of the amount collected paid to the
county.
SECTION 2. Subchapter E, Chapter 17, Business & Commerce
Code, is amended by adding Section 17.463 to read as follows:
Sec. 17.463. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION
OF CERTAIN SYNTHETIC SUBSTANCES. (a) This section applies only to
an act described by Section 17.46(b)(30).
(b) Subject to Subsection (e) and except as otherwise
provided by this section, an act to which this section applies is
subject to action by a district or county attorney under Sections
17.47, 17.58, 17.60, and 17.61 to the same extent as the act is
subject to action by the consumer protection division under those
sections.
(c) If a district or county attorney, under the authority of
this section, accepts assurance of voluntary compliance under
Section 17.58, the district or county attorney must file the
assurance of voluntary compliance in the district court in the
county in which the alleged violator resides or does business.
(d) If a district or county attorney, under the authority of
this section, executes and serves a civil investigative demand and
files a petition described by Section 17.61(g), the petition must
be filed in the district court in the county where the parties
reside.
(e) A district or county attorney may act under this section
so long as the consumer protection division does not intend to act
with respect to that matter.
(f) Notwithstanding any other law, in an action brought by a
district or county attorney under this section, all settlements or
penalties collected by the district or county attorney shall be
divided between the state and the county in which the attorney
brought suit, with:
(1) 50 percent of the amount collected paid to the
comptroller for deposit to the credit of the basic civil legal
services account established by Section 51.943, Government Code;
and
(2) 50 percent of the amount collected paid to the
county.
SECTION 3. This Act applies only to conduct that occurs on
or after the effective date of this Act.
SECTION 4. (a) Section 1 of this Act takes effect only if
the Act of the 85th Legislature, Regular Session, 2017, relating to
nonsubstantive additions to and corrections in enacted codes
becomes law.
(b) Section 2 of this Act takes effect only if the Act of the
85th Legislature, Regular Session, 2017, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law.
SECTION 5. This Act takes effect September 1, 2017.