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| 1 | - | By: Capriglione (Senate Sponsor - Zaffirini) H.B. No. 3745 | |
| 2 | - | (In the Senate - Received from the House April 27, 2021; | |
| 3 | - | May 10, 2021, read first time and referred to Committee on Business & | |
| 4 | - | Commerce; May 21, 2021, reported adversely, with favorable | |
| 5 | - | Committee Substitute by the following vote: Yeas 9, Nays 0; | |
| 6 | - | May 21, 2021, sent to printer.) | |
| 7 | - | Click here to see the committee vote | |
| 8 | - | COMMITTEE SUBSTITUTE FOR H.B. No. 3745 By: Hancock | |
| 1 | + | By: Capriglione H.B. No. 3745 | |
| 9 | 2 | ||
| 10 | 3 | ||
| 11 | 4 | A BILL TO BE ENTITLED | |
| 12 | 5 | AN ACT | |
| 13 | 6 | relating to prohibitions in connection with the online sale of | |
| 14 | 7 | goods. | |
| 15 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 16 | 9 | SECTION 1. Subtitle B, Title 10, Business & Commerce Code, | |
| 17 | 10 | is amended by adding Chapter 328 to read as follows: | |
| 18 | 11 | CHAPTER 328. ONLINE SALE OF GOODS | |
| 19 | 12 | Sec. 328.001. PROHIBITIONS CONCERNING SALE OF GOODS ONLINE. | |
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| 13 | + | For commercial purposes, a person may not sell, use, or cause to be | |
| 14 | + | used any technology, device, or software in the sale of a good on an | |
| 15 | + | Internet website that: | |
| 23 | 16 | (1) functions as a bypass in the purchasing process; | |
| 24 | 17 | (2) disguises the identity of the purchaser; | |
| 25 | 18 | (3) permits the purchase of a quantity of goods in a | |
| 26 | 19 | number that exceeds the maximum number of goods that may be sold to | |
| 27 | 20 | one purchaser as specified by the seller or operator on the website; | |
| 28 | 21 | (4) allows for the unauthorized access to or | |
| 29 | 22 | identification of gift card information, including gift card | |
| 30 | 23 | numbers and gift card personal identification numbers; or | |
| 31 | 24 | (5) circumvents a security measure, access control | |
| 32 | 25 | system, or other control, authorization, or measure in the | |
| 33 | 26 | purchasing process. | |
| 34 | - | (b) This section does not apply to the seller of the good on | |
| 35 | - | the Internet website or to the operator of the Internet website. | |
| 36 | 27 | Sec. 328.002. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION. | |
| 37 | 28 | (a) The attorney general may investigate a claim that a person | |
| 38 | 29 | violated this chapter. | |
| 39 | 30 | (b) If the attorney general believes that a person is | |
| 40 | 31 | violating this chapter, the attorney general may bring an action in | |
| 41 | 32 | the name of the state to restrain or enjoin the person from | |
| 42 | 33 | violating this chapter. | |
| 43 | 34 | (c) The attorney general is entitled to recover all | |
| 44 | 35 | reasonable costs of bringing an action under this section, | |
| 45 | 36 | including court costs, reasonable attorney's fees, and | |
| 46 | 37 | investigation costs. | |
| 47 | 38 | SECTION 2. This Act takes effect September 1, 2021. | |
| 48 | - | * * * * * |