| 1 | 1 | | 87R7139 MWC-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 3295 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of certain actions by district and |
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| 8 | 8 | | county attorneys under the Deceptive Trade Practices-Consumer |
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| 9 | 9 | | Protection Act. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 17.48(c) and (d), Business & Commerce |
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| 12 | 12 | | Code, are amended to read as follows: |
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| 13 | 13 | | (c) In an action prosecuted by a district or county attorney |
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| 14 | 14 | | under this subchapter for a violation of Section 17.46(b)(28) or |
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| 15 | 15 | | (33), three-fourths of any civil penalty awarded by a court must be |
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| 16 | 16 | | paid to the county where the court is located. |
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| 17 | 17 | | (d) A district or county attorney is not required to obtain |
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| 18 | 18 | | the permission of the consumer protection division to prosecute an |
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| 19 | 19 | | action under this subchapter for a violation of Section |
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| 20 | 20 | | 17.46(b)(28) or (33), if the district or county attorney provides |
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| 21 | 21 | | prior written notice to the division as required by Subsection (b). |
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| 22 | 22 | | SECTION 2. Sections 17.48(c) and (d), Business & Commerce |
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| 23 | 23 | | Code, as amended by this Act, apply only to an action that accrues |
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| 24 | 24 | | on or after the effective date of this Act. An action that accrued |
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| 25 | 25 | | before the effective date of this Act is governed by the law in |
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| 26 | 26 | | effect immediately before the effective date of this Act, and the |
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| 27 | 27 | | former law is continued in effect for that purpose. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2021. |
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