Texas House Bill HB121

Texas 2021 - 87th 2nd C.S.

Caption

Relating to the Texas Free Enterprise and Antitrust Act of 1983.

Impact

The modifications to Section 15 of the Business & Commerce Code create more explicit protocols for how investigations can be initiated and conducted, including the issuance of civil investigative demands. This allows the attorney general to request documentary evidence or testimony from individuals and businesses suspected of violating antitrust laws. Additionally, the attorney general can now impose penalties on individuals who deliberately fail to comply with these demands, reinforcing compliance and accountability in business practices across the state.

Summary

House Bill 121 amends the Texas Free Enterprise and Antitrust Act of 1983, introducing several provisions that enhance the authority of the attorney general regarding civil antitrust investigations. The bill specifies the definition of 'investigative file' to include all materials and communications related to investigations, such as notes, reports, and any documentation generated during the process. This broadened definition is expected to improve the efficiency of investigations initiated by the attorney general's office by providing clear guidelines on what constitutes pertinent information.

Contention

While supporters of HB 121 argue that these changes will empower the attorney general's office to better enforce antitrust laws and protect competition, opponents raise concerns about potential overreach. Critics fear that the broad powers granted could lead to invasive investigations that may infringe upon privacy and confidentiality rights of businesses. There are also concerns that the bill's provisions regarding trade secrets and confidential business information may not sufficiently protect sensitive data from being disclosed publicly during investigations.