87R7139 MWC-F
By: Thompson of Harris H.B. No. 3295
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of certain actions by district and
county attorneys under the Deceptive Trade Practices-Consumer
Protection Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 17.48(c) and (d), Business & Commerce
Code, are amended to read as follows:
(c) In an action prosecuted by a district or county attorney
under this subchapter for a violation of Section 17.46(b)(28) or
(33), three-fourths of any civil penalty awarded by a court must be
paid to the county where the court is located.
(d) A district or county attorney is not required to obtain
the permission of the consumer protection division to prosecute an
action under this subchapter for a violation of Section
17.46(b)(28) or (33), if the district or county attorney provides
prior written notice to the division as required by Subsection (b).
SECTION 2. Sections 17.48(c) and (d), Business & Commerce
Code, as amended by this Act, apply only to an action that accrues
on or after the effective date of this Act. An action that accrued
before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.