| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the amount of civil penalties the attorney general may |
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| 6 | 8 | | seek to recover under the Deceptive Trade Practices-Consumer |
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| 7 | 9 | | Protection Act. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Section 17.47(c), Business & Commerce Code, is |
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| 10 | 12 | | amended to read as follows: |
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| 11 | 13 | | (c) In addition to the request for a temporary restraining |
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| 12 | 14 | | order, or permanent injunction in a proceeding brought under |
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| 13 | 15 | | Subsection (a) of this section, the consumer protection division |
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| 14 | 16 | | may request, and the trier of fact may award, a civil penalty to be |
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| 15 | 17 | | paid to the state in an amount of: |
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| 16 | 18 | | (1) not more than $10,000 [$20,000] per violation; and |
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| 17 | 19 | | (2) if the act or practice that is the subject of the |
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| 18 | 20 | | proceeding was calculated to acquire or deprive money or other |
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| 19 | 21 | | property from a consumer who was 65 years of age or older when the |
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| 20 | 22 | | act or practice occurred, an additional amount of not more than |
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| 21 | 23 | | $250,000. |
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| 22 | 24 | | SECTION 2. The changes in law made by this Act apply only to |
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| 23 | 25 | | an action filed by the consumer protection division under Section |
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| 24 | 26 | | 17.47, Business & Commerce Code, on or after the effective date of |
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| 25 | 27 | | this Act. An action filed by the consumer protection division under |
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| 26 | 28 | | Section 17.47, Business & Commerce Code, before the effective date |
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| 27 | 29 | | of this Act is governed by the law in effect on the date the action |
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| 28 | 30 | | is filed, and the former law is continued in effect for that |
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| 29 | 31 | | purpose. |
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| 30 | 32 | | SECTION 3. This Act takes effect September 1, 2019. |
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| 31 | | - | ______________________________ ______________________________ |
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| 32 | | - | President of the Senate Speaker of the House |
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| 33 | | - | I hereby certify that S.B. No. 2140 passed the Senate on |
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| 34 | | - | April 17, 2019, by the following vote: Yeas 31, Nays 0. |
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| 35 | | - | ______________________________ |
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| 36 | | - | Secretary of the Senate |
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| 37 | | - | I hereby certify that S.B. No. 2140 passed the House on |
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| 38 | | - | May 14, 2019, by the following vote: Yeas 134, Nays 5, two |
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| 39 | | - | present not voting. |
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| 40 | | - | ______________________________ |
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| 41 | | - | Chief Clerk of the House |
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| 42 | | - | Approved: |
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| 43 | | - | ______________________________ |
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| 44 | | - | Date |
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| 45 | | - | ______________________________ |
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| 46 | | - | Governor |
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