By: Spiller (Senate Sponsor - Hughes) H.B. No. 5214
(In the Senate - Received from the House May 4, 2023;
May 5, 2023, read first time and referred to Committee on State
Affairs; May 10, 2023, reported favorably by the following vote:
Yeas 11, Nays 0; May 10, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
PaxtonX
BettencourtX
BirdwellX
LaMantiaX
MenéndezX
MiddletonX
ParkerX
PerryX
SchwertnerX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to actions brought by the attorney general on behalf of
certain persons under the Texas Free Enterprise and Antitrust Act
of 1983.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.21, Business & Commerce Code, is
amended by adding Subsections (d) and (e) to read as follows:
(d) The attorney general may bring a civil action against a
person on behalf of an individual or governmental entity for injury
to that individual's or entity's business or property caused,
directly or indirectly, by the person's violation of Section
15.05(a), (b), or (c). An action under this subsection may be
brought in district court in Travis County, or in any county in this
state in which a named defendant resides, does business, or
maintains a principal office, or in which the individual or
governmental entity on whose behalf the action is brought resides
at the time of the cause of action or any part of the cause of action
accrues. If the attorney general prevails in an action under this
subsection, the attorney general shall recover actual damages
sustained by the individual or governmental entity, interest on
actual damages for the period beginning on the date of service of
the attorney general's pleading setting forth a claim under the
antitrust laws and ending on the date of judgment (the rate of such
interest to be in accordance with Texas law regarding postjudgment
interest rates and the amount of interest to be adjusted by the
court if it finds that the award of all or part of such interest is
unjust in the circumstances), and the cost of suit, including a
reasonable attorney's fee, and if applicable, expert witness fees;
provided, however, that if the trier of fact finds that the unlawful
conduct was willful or flagrant, the court shall increase the
recovery to threefold the damages sustained and the cost of suit,
including a reasonable attorney's fee and, if applicable, expert
witness fees; provided that interest on actual damages as
specified above may not be recovered when recovered damages are
increased threefold. In an action under this subsection in which a
claim is asserted against a defendant relating to injury to both
direct and indirect purchasers, the court shall take all steps
necessary to avoid duplicative recovery from that defendant.
(e) For purposes of this section, "governmental entity"
means:
(1) this state, including each department, board,
agency, instrumentality, authority, or commission of this state;
(2) a political subdivision of this state, including a
county, city, municipality, school district, local improvement
district, law enforcement authority, or special district,
including a water, sanitation, fire protection, metropolitan,
irrigation, drainage, or other special district;
(3) a municipal, quasi-municipal, or public
corporation organized under the Texas Constitution or other law;
and
(4) a department, board, agency, instrumentality,
authority, or commission of an entity described by Subdivision (2)
or (3).
SECTION 2. Sections 15.21(d) and (e), Business & Commerce
Code, as added by this Act, apply only to a cause of action that
accrues on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.
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