Texas 2017 - 85th Regular

Texas House Bill HB3902 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R22999 GRM-D
2		-	By: Thompson of Harris, Wu, Workman H.B. No. 3902
3		-	Substitute the following for H.B. No. 3902:
4		-	By: Collier C.S.H.B. No. 3902
	1	+	85R13599 GRM-D
	2	+	By: Thompson of Harris H.B. No. 3902
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to commencement and prosecution of certain actions by and
10	8		to investigations conducted by district and county attorneys under
11	9		the Deceptive Trade Practices-Consumer Protection Act.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Subchapter E, Chapter 17, Business & Commerce
14		-	Code, is amended by adding Section 17.463 to read as follows:
15		-	Sec. 17.463. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION
16		-	OF CERTAIN SYNTHETIC SUBSTANCES. (a) This section applies only to
17		-	an act described by Section 17.46(b)(31).
18		-	(b) Subject to Subsection (e) and except as otherwise
19		-	provided by this section, an act to which this section applies is
20		-	subject to action by a district or county attorney under Sections
21		-	17.47, 17.58, 17.60, and 17.61 to the same extent as the act is
22		-	subject to action by the consumer protection division under those
23		-	sections.
24		-	(c) If a district or county attorney, under the authority of
25		-	this section, accepts assurance of voluntary compliance under
26		-	Section 17.58, the district or county attorney must file the
27		-	assurance of voluntary compliance in the district court in the
28		-	county in which the alleged violator resides or does business.
29		-	(d) If a district or county attorney, under the authority of
30		-	this section, executes and serves a civil investigative demand and
31		-	files a petition described by Section 17.61(g), the petition must
32		-	be filed in the district court in the county where the parties
33		-	reside.
34		-	(e) A district or county attorney may act under this section
35		-	so long as the consumer protection division does not intend to act
36		-	with respect to that matter.
37		-	(f) Notwithstanding any other law, in an action brought by a
38		-	district or county attorney under this section, all settlements or
39		-	penalties collected by the district or county attorney shall be
40		-	divided between the state and the county in which the attorney
41		-	brought suit, with:
42		-	(1) 50 percent of the amount collected paid to the
43		-	comptroller for deposit to the credit of the basic civil legal
44		-	services account established by Section 51.943, Government Code;
45		-	and
46		-	(2) 50 percent of the amount collected paid to the
47		-	county.
48		-	SECTION 2. Subchapter E, Chapter 17, Business & Commerce
49	12		Code, is amended by adding Section 17.463 to read as follows:
50	13		Sec. 17.463. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION
51	14		OF CERTAIN SYNTHETIC SUBSTANCES. (a) This section applies only to
52	15		an act described by Section 17.46(b)(30).
53	16		(b) Subject to Subsection (e) and except as otherwise
54	17		provided by this section, an act to which this section applies is
55	18		subject to action by a district or county attorney under Sections
56	19		17.47, 17.58, 17.60, and 17.61 to the same extent as the act is
57	20		subject to action by the consumer protection division under those
58	21		sections.
59	22		(c) If a district or county attorney, under the authority of
60	23		this section, accepts assurance of voluntary compliance under
61	24		Section 17.58, the district or county attorney must file the
62	25		assurance of voluntary compliance in the district court in the
63	26		county in which the alleged violator resides or does business.
64	27		(d) If a district or county attorney, under the authority of
65	28		this section, executes and serves a civil investigative demand and
66	29		files a petition described by Section 17.61(g), the petition must
67	30		be filed in the district court in the county where the parties
68	31		reside.
69	32		(e) A district or county attorney may act under this section
70	33		so long as the consumer protection division does not intend to act
71	34		with respect to that matter.
72	35		(f) Notwithstanding any other law, in an action brought by a
73	36		district or county attorney under this section, all settlements or
74	37		penalties collected by the district or county attorney shall be
75	38		divided between the state and the county in which the attorney
76	39		brought suit, with:
77	40		(1) 50 percent of the amount collected paid to the
78		-	comptroller for deposit to the credit of the basic civil legal
79		-	services account established by Section 51.943, Government Code;
80		-	and
	41	+	state for deposit in the general revenue fund; and
81	42		(2) 50 percent of the amount collected paid to the
82	43		county.
83		-	SECTION 3. This Act applies only to conduct that occurs on
	44	+	SECTION 2. This Act applies only to conduct that occurs on
84	45		or after the effective date of this Act.
85		-	SECTION 4. (a) Section 1 of this Act takes effect only if
86		-	the Act of the 85th Legislature, Regular Session, 2017, relating to
87		-	nonsubstantive additions to and corrections in enacted codes
88		-	becomes law.
89		-	(b) Section 2 of this Act takes effect only if the Act of the
90		-	85th Legislature, Regular Session, 2017, relating to
91		-	nonsubstantive additions to and corrections in enacted codes does
92		-	not become law.
93		-	SECTION 5. This Act takes effect September 1, 2017.
	46	+	SECTION 3. This Act takes effect September 1, 2017.