| 1 | 1 | | 88R401 SRA-D |
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| 2 | 2 | | By: Bernal H.B. No. 292 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to investigations and actions by district or county |
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| 8 | 8 | | attorneys in connection with the deceptive trade practice of |
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| 9 | 9 | | charging exorbitant or excessive prices for necessities during a |
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| 10 | 10 | | declared disaster. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 17.463, Business & |
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| 13 | 13 | | Commerce Code, is amended to read as follows: |
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| 14 | 14 | | Sec. 17.463. LIMITED AUTHORITY OF DISTRICT AND COUNTY |
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| 15 | 15 | | ATTORNEYS TO INVESTIGATE AND PROSECUTE CERTAIN DECEPTIVE ACTS OR |
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| 16 | 16 | | PRACTICES [PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN |
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| 17 | 17 | | SYNTHETIC SUBSTANCES]. |
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| 18 | 18 | | SECTION 2. Section 17.463, Business & Commerce Code, is |
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| 19 | 19 | | amended by amending Subsections (a) and (f) and adding Subsection |
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| 20 | 20 | | (g) to read as follows: |
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| 21 | 21 | | (a) This section applies only to an act described by Section |
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| 22 | 22 | | 17.46(b)(27) or (31) [17.46(b)(31)]. |
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| 23 | 23 | | (f) Notwithstanding any other law, in an action brought by a |
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| 24 | 24 | | district or county attorney under this section for a violation of |
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| 25 | 25 | | Section 17.46(b)(31), all settlements or penalties collected by the |
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| 26 | 26 | | district or county attorney shall be divided between the state and |
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| 27 | 27 | | the county in which the attorney brought suit, with: |
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| 28 | 28 | | (1) 50 percent of the amount collected paid to the |
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| 29 | 29 | | comptroller for deposit to the credit of the basic civil legal |
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| 30 | 30 | | services account established by Section 51.943, Government Code; |
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| 31 | 31 | | and |
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| 32 | 32 | | (2) 50 percent of the amount collected paid to the |
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| 33 | 33 | | county shall be deposited by the county in a segregated account and |
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| 34 | 34 | | the funds shall be used only for law enforcement, public health |
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| 35 | 35 | | programs, or drug abuse prevention programs. |
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| 36 | 36 | | (g) Notwithstanding any other law, in an action brought by a |
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| 37 | 37 | | district or county attorney under this section for a violation of |
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| 38 | 38 | | Section 17.46(b)(27), all settlements or penalties collected by the |
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| 39 | 39 | | district or county attorney shall be divided between the state and |
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| 40 | 40 | | the county in which the attorney brought suit, with: |
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| 41 | 41 | | (1) 50 percent of the amount collected paid to the |
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| 42 | 42 | | comptroller for deposit to the credit of the basic civil legal |
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| 43 | 43 | | services account established by Section 51.943, Government Code; |
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| 44 | 44 | | and |
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| 45 | 45 | | (2) 50 percent of the amount collected paid to the |
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| 46 | 46 | | county. |
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| 47 | 47 | | SECTION 3. The changes in law made by this Act apply only to |
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| 48 | 48 | | an act or practice that occurs on or after the effective date of |
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| 49 | 49 | | this Act. An act or practice that occurs before the effective date |
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| 50 | 50 | | of this Act is governed by the law in effect on the date the act or |
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| 51 | 51 | | practice occurred, and the former law is continued in effect for |
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| 52 | 52 | | that purpose. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2023. |
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