87R1472 AJA-F
By: Herrero H.B. No. 1493
A BILL TO BE ENTITLED
AN ACT
relating to the use of an entity name that falsely implies
governmental affiliation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 150C to read as follows:
CHAPTER 150C. ENTITY NAME FALSELY IMPLYING GOVERNMENTAL
AFFILIATION
Sec. 150C.001. DEFINITION. In this chapter, "governmental
unit" has the meaning assigned by Section 101.001.
Sec. 150C.002. FALSELY IMPLYING GOVERNMENTAL AFFILIATION.
(a) A governmental unit is entitled to enjoin another person's use
of an entity name that might falsely imply governmental affiliation
with the governmental unit.
(b) In an action brought under this section, the
governmental unit is entitled to injunctive relief throughout the
state.
(c) If the court finds that the person against whom the
injunctive relief is sought wilfully intended to imply governmental
affiliation with the governmental unit, the court, in the court's
discretion, may:
(1) enter judgment in an amount not to exceed three
times the amount of the entity's profits and the governmental unit's
damages; and
(2) award reasonable attorney's fees to the
governmental unit.
SECTION 2. This Act takes effect September 1, 2021.