87R18282 MWC-F
By: Capriglione H.B. No. 3745
Substitute the following for H.B. No. 3745:
By: Patterson C.S.H.B. No. 3745
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions in connection with the online sale of
goods.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 10, Business & Commerce Code,
is amended by adding Chapter 328 to read as follows:
CHAPTER 328. ONLINE SALE OF GOODS
Sec. 328.001. PROHIBITIONS CONCERNING SALE OF GOODS ONLINE.
A person may not sell, use, or cause to be used any method,
technology, device, or software in the sale of a good on an Internet
website that:
(1) functions as a bypass in the purchasing process;
(2) disguises the identity of the purchaser;
(3) permits the purchase of a quantity of goods in a
number that exceeds the maximum number of goods that may be sold to
one purchaser as specified by the seller or operator on the website;
or
(4) circumvents a security measure, access control
system, or other control, authorization, or measure in the
purchasing process.
Sec. 328.002. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION.
(a) The attorney general may investigate a claim that a person
violated this chapter.
(b) If the attorney general believes that a person is
violating or about to violate this chapter, the attorney general
may bring an action in the name of the state to restrain or enjoin
the person from violating this chapter.
(c) The attorney general is entitled to recover all
reasonable costs of bringing an action under this section,
including court costs, reasonable attorney's fees, and
investigation costs.
SECTION 2. This Act takes effect September 1, 2021.