88R7212 MPF-D
By: Lopez of Bexar H.B. No. 5272
A BILL TO BE ENTITLED
AN ACT
relating to the prohibited resale of infant formula purchased at
retail; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
amended by adding Chapter 444 to read as follows:
CHAPTER 444. RESALE OF INFANT FORMULA PURCHASED AT RETAIL
Sec. 444.001. DEFINITION. In this chapter, "infant
formula" has the meaning assigned by Section 431.002.
Sec. 444.002. PROHIBITION ON RESELLING INFANT FORMULA
PURCHASED AT RETAIL. A person who purchases infant formula at
retail, including at a retail establishment or from an online
retail seller, may not resell the infant formula for profit.
Sec. 444.003. CIVIL PENALTY. (a) At the request of the
department, the attorney general or a district, county, or
municipal attorney shall institute an action in district court to
collect a civil penalty for a violation of Section 444.002.
(b) The civil penalty may not exceed:
(1) $5,000 for the first violation; and
(2) $10,000 for each subsequent violation.
(c) The attorney general or district, county, or municipal
attorney may recover reasonable attorney's fees and expenses and
court costs incurred in recovering a civil penalty under this
section.
SECTION 2. The change in law made by this Act applies 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.