87R10423 MWC-D
By: Campos H.B. No. 2771
A BILL TO BE ENTITLED
AN ACT
relating to the prices of fruits and vegetables during a declared
disaster; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 113 to read as follows:
CHAPTER 113. PRICING OF FRUITS AND VEGETABLES DURING DECLARED
DISASTER
Sec. 113.001. DEFINITIONS. In this chapter:
(1) "Declared disaster" means:
(A) a disaster declared by the president of the
United States, if any part of this state is named in the federally
designated disaster area;
(B) a state of disaster declared by the governor
under Section 418.014, Government Code; or
(C) a local state of disaster declared by the
presiding officer of the governing body of a political subdivision
under Section 418.108, Government Code.
(2) "Declared disaster period" means the period during
which an area of this state is subject to:
(A) a declaration of a state of disaster under
Section 418.014 or 418.108, Government Code; or
(B) a declaration of the disaster by the
president of the United States described by Subdivision (1)(A).
(3) "Fruit or vegetable" includes any variety of
fresh, canned, dried, or frozen whole or cut fruits or vegetables.
Sec. 113.002. PRICES CONSIDERED EXORBITANT OR EXCESSIVE.
For purposes of this chapter, the price of a fruit or vegetable is
considered exorbitant or excessive if the price, when compared with
the price of the fruit or vegetable on the seventh day before a
declared disaster begins, has increased by 100 percent.
Sec. 113.003. EXORBITANT OR EXCESSIVE PRICES PROHIBITED
DURING DECLARED DISASTER PERIOD; OFFENSE. (a) A merchant may not,
in any area of this state subject to the disaster declaration, take
any of the following actions during a declared disaster period with
the intent to take advantage of the disaster:
(1) sell a fruit or vegetable at an exorbitant or
excessive price; or
(2) demand an exorbitant or excessive price for a
fruit or vegetable.
(b) A merchant who violates this section commits an offense.
Each day a violation continues constitutes a separate offense.
(c) An offense under this section is a Class A misdemeanor.
(d) A violation of this chapter constitutes a separate
violation from any violation of Section 17.46(b)(27).
SECTION 2. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2021.