Texas House Bill HB3295

Texas 2021 - 87th Regular

Caption

Relating to the prosecution of certain actions by district and county attorneys under the Deceptive Trade Practices-Consumer Protection Act.

Impact

The amendments proposed in HB3295 notably remove the requirement for district and county attorneys to seek permission from the consumer protection division before prosecuting certain violations of the law. Instead, they are only required to provide advance written notice to the division. This change is anticipated to streamline the prosecutorial process, allowing local attorneys to act more promptly in enforcing protections under the Deceptive Trade Practices Act. The new provisions are set to apply to actions that accrue on or after the effective date of the Act, September 1, 2021, maintaining previous laws for actions that occurred before this date.

Summary

House Bill 3295 aims to amend certain provisions of the Deceptive Trade Practices-Consumer Protection Act, specifically focusing on how district and county attorneys can prosecute actions under this law. One of the key changes involves the allocation of civil penalties; it stipulates that three-fourths of any civil penalty awarded by a court for violations must be paid to the county where the court is located. This adjustment is expected to provide local districts with much-needed financial resources as they pursue consumer protection cases.

Contention

While the intent of HB3295 is to empower local legal authorities and enhance the enforcement of consumer protection laws, there could be points of contention regarding the balance of power between the district attorneys and state regulatory bodies. Critics of the bill may express concerns about the implications of local district attorneys operating independently without oversight from the consumer protection division, fearing potential inconsistencies in the application of the law and the possibility of penalizing consumers unfairly. Furthermore, there may be discussions regarding the equitable distribution of civil penalties across different counties, particularly in areas with varying resources and legal frameworks.