87R20373 MWC-D
By: Bernal H.B. No. 2942
Substitute the following for H.B. No. 2942:
By: Turner of Tarrant C.S.H.B. No. 2942
A BILL TO BE ENTITLED
AN ACT
relating to investigations and actions by district or county
attorneys in connection with the deceptive trade practice of
charging exorbitant or excessive prices for necessities during a
declared disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 17.463, Business &
Commerce Code, is amended to read as follows:
Sec. 17.463. LIMITED AUTHORITY OF DISTRICT AND COUNTY
ATTORNEYS TO INVESTIGATE AND PROSECUTE CERTAIN DECEPTIVE ACTS OR
PRACTICES [PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN
SYNTHETIC SUBSTANCES].
SECTION 2. Section 17.463, Business & Commerce Code, is
amended by amending Subsections (a) and (f) and adding Subsection
(g) to read as follows:
(a) This section applies only to an act described by Section
17.46(b)(27) or (31) [17.46(b)(31)].
(f) Notwithstanding any other law, in an action brought by a
district or county attorney under this section for a violation of
Section 17.46(b)(31), all settlements or penalties collected by the
district or county attorney shall be divided between the state and
the county in which the attorney brought suit, with:
(1) 50 percent of the amount collected paid to the
comptroller for deposit to the credit of the basic civil legal
services account established by Section 51.943, Government Code;
and
(2) 50 percent of the amount collected paid to the
county shall be deposited by the county in a segregated account and
the funds shall be used only for law enforcement, public health
programs, or drug abuse prevention programs.
(g) Notwithstanding any other law, in an action brought by a
district or county attorney under this section for a violation of
Section 17.46(b)(27), all settlements or penalties collected by the
district or county attorney shall be divided between the state and
the county in which the attorney brought suit, with:
(1) 50 percent of the amount collected paid to the
comptroller for deposit to the credit of the basic civil legal
services account established by Section 51.943, Government Code;
and
(2) 50 percent of the amount collected paid to the
county.
SECTION 3. The changes in law made by this Act apply only to
an act or practice that occurs on or after the effective date of
this Act. An act or practice that occurs before the effective date
of this Act is governed by the law in effect on the date the act or
practice occurred, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2021.