Texas Senate Bill SB1214

Texas 2021 - 87th Regular

Caption

Relating to the prosecution of certain actions by district and county attorneys under the Deceptive Trade Practices-Consumer Protection Act.

Impact

The primary impact of SB1214 is the shift in the prosecution process under the Deceptive Trade Practices-Consumer Protection Act. By allowing district and county attorneys to initiate actions independently, the bill is expected to enhance the responsiveness and efficiency of consumer protection law enforcement at the local level. Moreover, it stipulates that a significant portion of the civil penalties awarded (three-fourths) will be directed to the county where the court is located, thus financially benefiting local jurisdictions and incentivizing them to actively prosecute such cases.

Summary

SB1214 modifies the prosecution process for certain actions under the Deceptive Trade Practices-Consumer Protection Act in Texas. Specifically, it amends provisions regarding the authority of district and county attorneys in pursuing violations under the specified sections of the Business & Commerce Code. This change allows district and county attorneys to proceed with actions without requiring explicit permission from the consumer protection division if they provide prior written notice. This provision aims to streamline the enforcement of consumer protection laws and empower local attorneys in addressing consumer fraud cases more effectively.

Contention

While proponents argue that SB1214 strengthens local enforcement capabilities and ensures more rigorous protection for consumers, there may be areas of contention regarding the implications of these changes. Some may express concerns that the increase in local authority could lead to inconsistencies in how consumer protection laws are applied across different jurisdictions. Additionally, the requirement of prior written notice to the division might be debated, as it could introduce procedural complexities that local attorneys must manage in their prosecutions.