| 1 | 1 | | S.B. No. 58 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to prohibitions in connection with the online sale of |
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| 6 | 6 | | goods. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subtitle B, Title 10, Business & Commerce Code, |
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| 9 | 9 | | is amended by adding Chapter 328 to read as follows: |
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| 10 | 10 | | CHAPTER 328. ONLINE SALE OF GOODS |
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| 11 | 11 | | Sec. 328.001. DEFINITION. In this chapter, "goods" has the |
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| 12 | 12 | | meaning assigned by Section 17.45. |
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| 13 | 13 | | Sec. 328.002. PROHIBITIONS CONCERNING SALE OF GOODS ONLINE. |
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| 14 | 14 | | (a) For commercial purposes, a person may not sell, use, or cause |
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| 15 | 15 | | to be used any technology, device, or software in the sale of goods |
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| 16 | 16 | | on an Internet website that: |
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| 17 | 17 | | (1) functions as a bypass in the purchasing process; |
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| 18 | 18 | | (2) disguises the identity of the purchaser; |
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| 19 | 19 | | (3) permits the purchase of a quantity of goods in a |
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| 20 | 20 | | number that exceeds the maximum number of goods that may be sold to |
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| 21 | 21 | | one purchaser as specified by the seller or operator on the website; |
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| 22 | 22 | | (4) allows for the unauthorized access to or |
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| 23 | 23 | | identification of gift card information, including gift card |
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| 24 | 24 | | numbers and gift card personal identification numbers; or |
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| 25 | 25 | | (5) circumvents a security measure, access control |
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| 26 | 26 | | system, or other control, authorization, or measure in the |
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| 27 | 27 | | purchasing process. |
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| 28 | 28 | | (b) This section does not apply to the seller of goods on the |
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| 29 | 29 | | Internet website or to the operator of the Internet website. |
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| 30 | 30 | | Sec. 328.003. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION. |
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| 31 | 31 | | (a) The attorney general may investigate a claim that a person |
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| 32 | 32 | | violated this chapter. |
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| 33 | 33 | | (b) If the attorney general believes that a person is |
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| 34 | 34 | | violating this chapter, the attorney general may bring an action in |
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| 35 | 35 | | the name of the state to restrain or enjoin the person from |
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| 36 | 36 | | violating this chapter. |
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| 37 | 37 | | (c) The attorney general is entitled to recover all |
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| 38 | 38 | | reasonable costs of bringing an action under this section, |
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| 39 | 39 | | including court costs, reasonable attorney's fees, and |
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| 40 | 40 | | investigation costs. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 42 | 42 | | ______________________________ ______________________________ |
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| 43 | 43 | | President of the Senate Speaker of the House |
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| 44 | 44 | | I hereby certify that S.B. No. 58 passed the Senate on |
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| 45 | 45 | | March 23, 2023, by the following vote: Yeas 26, Nays 5; and that |
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| 46 | 46 | | the Senate concurred in House amendment on May 11, 2023, by the |
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| 47 | 47 | | following vote: Yeas 25, Nays 5. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Secretary of the Senate |
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| 50 | 50 | | I hereby certify that S.B. No. 58 passed the House, with |
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| 51 | 51 | | amendment, on May 6, 2023, by the following vote: Yeas 98, |
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| 52 | 52 | | Nays 36, two present not voting. |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Chief Clerk of the House |
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| 55 | 55 | | Approved: |
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| 56 | 56 | | ______________________________ |
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| 57 | 57 | | Date |
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| 58 | 58 | | ______________________________ |
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| 59 | 59 | | Governor |
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