Texas 2021 - 87th Regular

Texas House Bill HB3745 Latest Draft

Bill / Comm Sub Version Filed 05/21/2021

                            By: Capriglione (Senate Sponsor - Zaffirini) H.B. No. 3745
 (In the Senate - Received from the House April 27, 2021;
 May 10, 2021, read first time and referred to Committee on Business &
 Commerce; May 21, 2021, reported adversely, with favorable
 Committee Substitute by the following vote:  Yeas 9, Nays 0;
 May 21, 2021, sent to printer.)
Click here to see the committee vote
 COMMITTEE SUBSTITUTE FOR H.B. No. 3745 By:  Hancock


 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) For commercial purposes, a person may not sell, use, or cause
 to be used any 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;
 (4)  allows for the unauthorized access to or
 identification of gift card information, including gift card
 numbers and gift card personal identification numbers; or
 (5)  circumvents a security measure, access control
 system, or other control, authorization, or measure in the
 purchasing process.
 (b)  This section does not apply to the seller of the good on
 the Internet website or to the operator of the Internet website.
 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 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.
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