Texas House Bill HB5232

Texas 2023 - 88th Regular

• Filed: 3/10/23
• Out of House Committee: 4/27/23
• Voted on by House: 5/3/23
• Out of Senate Committee: 5/10/23
• Voted on by Senate: 5/17/23
• Governor Action: 6/17/23

Caption

Relating to civil penalties imposed for violations of the Texas Free Enterprise and Antitrust Act of 1983.

Impact

The changes proposed in HB5232 directly impact the ability of the state to hold large corporations accountable for anti-competitive practices. By escalating the maximum fines, Texas aims to prevent corporations from seeing antitrust violations as mere costs of doing business, hopefully leading to more compliance with competitive regulations. This bill aligns Texas more closely with national and global practices regarding corporate penalties and reinforces the state’s commitment to maintaining a fair market environment.

Summary

House Bill 5232 aims to amend the Texas Free Enterprise and Antitrust Act of 1983 by significantly increasing the civil penalties for violations of the Act. The proposed structure escalates fines based on company size, with individual violators facing a maximum penalty of $300,000, while business organizations could incur fines ranging from $3 million to $30 million depending on their total assets. This legislative update is intended to enhance the deterrent effect of the existing antitrust laws, which have lagged behind inflation and market capitalization increases over the decades since the original law was enacted.

Sentiment

The sentiment surrounding HB 5232 appears largely positive among supporters, who view it as a critical step towards greater corporate accountability and consumer protection. Legal experts and lawmakers alike have noted that previous fines were insufficient to deter large corporations from engaging in anti-competitive behavior. The general consensus is that higher penalties will lead to more compliance and less harmful corporate practices.

Contention

While supporters advocate for the increased penalties as a way to modernize the law and enhance market equity, there may be concerns regarding how these changes will be enforced and whether they might disproportionately affect smaller businesses caught in regulatory nets compared to larger corporations. The bill raises questions about the balance between enforcing competition and not discouraging business growth and innovation among smaller entities.