| 1 | 1 | | 88R7212 MPF-D |
|---|
| 2 | 2 | | By: Lopez of Bexar H.B. No. 5272 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the prohibited resale of infant formula purchased at |
|---|
| 8 | 8 | | retail; providing a civil penalty. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subtitle A, Title 6, Health and Safety Code, is |
|---|
| 11 | 11 | | amended by adding Chapter 444 to read as follows: |
|---|
| 12 | 12 | | CHAPTER 444. RESALE OF INFANT FORMULA PURCHASED AT RETAIL |
|---|
| 13 | 13 | | Sec. 444.001. DEFINITION. In this chapter, "infant |
|---|
| 14 | 14 | | formula" has the meaning assigned by Section 431.002. |
|---|
| 15 | 15 | | Sec. 444.002. PROHIBITION ON RESELLING INFANT FORMULA |
|---|
| 16 | 16 | | PURCHASED AT RETAIL. A person who purchases infant formula at |
|---|
| 17 | 17 | | retail, including at a retail establishment or from an online |
|---|
| 18 | 18 | | retail seller, may not resell the infant formula for profit. |
|---|
| 19 | 19 | | Sec. 444.003. CIVIL PENALTY. (a) At the request of the |
|---|
| 20 | 20 | | department, the attorney general or a district, county, or |
|---|
| 21 | 21 | | municipal attorney shall institute an action in district court to |
|---|
| 22 | 22 | | collect a civil penalty for a violation of Section 444.002. |
|---|
| 23 | 23 | | (b) The civil penalty may not exceed: |
|---|
| 24 | 24 | | (1) $5,000 for the first violation; and |
|---|
| 25 | 25 | | (2) $10,000 for each subsequent violation. |
|---|
| 26 | 26 | | (c) The attorney general or district, county, or municipal |
|---|
| 27 | 27 | | attorney may recover reasonable attorney's fees and expenses and |
|---|
| 28 | 28 | | court costs incurred in recovering a civil penalty under this |
|---|
| 29 | 29 | | section. |
|---|
| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 31 | 31 | | to a cause of action that accrues on or after the effective date of |
|---|
| 32 | 32 | | this Act. |
|---|
| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|