| 1 | 1 | | By: Moody H.B. No. 4394 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the jurisdiction of county attorneys to prosecute the |
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| 9 | 9 | | deceptive trade practice of price gouging during a declared |
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| 10 | 10 | | disaster. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 17.4625, Business & Commerce Code, is |
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| 13 | 13 | | amended by adding Subsection (c) to read as follows: |
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| 14 | 14 | | (c) A county attorney has concurrent jurisdiction with the |
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| 15 | 15 | | attorney general to prosecute an action under Section 17.46(b)(27). |
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| 16 | 16 | | SECTION 2. Section 17.48(d), Business & Commerce Code, is |
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| 17 | 17 | | amended to read as follows: |
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| 18 | 18 | | (d) A district or county attorney is not required to obtain |
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| 19 | 19 | | the permission of the consumer protection division to prosecute an |
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| 20 | 20 | | action under this subchapter for a violation of Section |
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| 21 | 21 | | 17.46(b)(28), if the district or county attorney provides prior |
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| 22 | 22 | | written notice to the division as required by Subsection (b). A |
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| 23 | 23 | | county attorney is not required to obtain the permission of the |
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| 24 | 24 | | consumer protection division to prosecute an action under this |
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| 25 | 25 | | subchapter for a violation of Section 17.46(b)(27), if the county |
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| 26 | 26 | | attorney provides prior written notice to the division as required |
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| 27 | 27 | | by Subsection (b). |
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| 28 | 28 | | SECTION 3. The changes in law made by this Act apply only to |
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| 29 | 29 | | a cause of action that accrues on or after the effective date of |
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| 30 | 30 | | this Act. A cause of action that accrues before the effective date |
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| 31 | 31 | | of this Act is governed by the law as it existed immediately before |
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| 32 | 32 | | the effective date of this Act, and that law is continued in effect |
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| 33 | 33 | | for that purpose. |
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| 34 | 34 | | SECTION 4. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2025. |
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