| 1 | 1 | | By: Burrows H.B. No. 3702 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the amount of civil penalties the attorney general may |
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| 7 | 7 | | seek to recover under the Deceptive Trade Practices-Consumer |
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| 8 | 8 | | Protection Act. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 17.47(c), Business & Commerce Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (c) In addition to the request for a temporary restraining |
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| 13 | 13 | | order, or permanent injunction in a proceeding brought under |
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| 14 | 14 | | Subsection (a) of this section, the consumer protection division |
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| 15 | 15 | | may request, and the trier of fact may award, a civil penalty to be |
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| 16 | 16 | | paid to the state in an amount of: |
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| 17 | 17 | | (1) not more than $10,000 [$20,000] per violation; and |
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| 18 | 18 | | (2) if the act or practice that is the subject of the |
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| 19 | 19 | | proceeding was calculated to acquire or deprive money or other |
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| 20 | 20 | | property from a consumer who was 65 years of age or older when the |
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| 21 | 21 | | act or practice occurred, an additional amount of not more than |
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| 22 | 22 | | $250,000. |
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| 23 | 23 | | SECTION 2. The changes in law made by this Act apply to an |
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| 24 | 24 | | action filed by the consumer protection division under Section |
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| 25 | 25 | | 17.47, Business and Commerce Code, on or after the effective date o |
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| 26 | 26 | | f |
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| 27 | 27 | | this Act. A action filed action filed by the consumer protection |
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| 28 | 28 | | division under Section 17.47, Business and Commerce Code, before |
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| 29 | 29 | | the effective date of this Act is governed by the law in effect on |
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| 30 | 30 | | the date the action is filed, and the former law is continued in |
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| 31 | 31 | | effect for that purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2019. |
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