| 1 | 1 | | 89R15932 SCR-F |
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| 2 | 2 | | By: Curry H.B. No. 4564 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the investigation and enforcement of the Deceptive |
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| 10 | 10 | | Trade Practices-Consumer Protection Act. |
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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. Sections 17.49(f) and (g), Business & Commerce |
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| 13 | 13 | | Code, are amended to read as follows: |
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| 14 | 14 | | (f) A consumer may not bring an action under Section 17.50 |
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| 15 | 15 | | for [Nothing in the subchapter shall apply to] a claim arising out |
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| 16 | 16 | | of a written contract if: |
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| 17 | 17 | | (1) the contract relates to a transaction, a project, |
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| 18 | 18 | | or a set of transactions related to the same project involving total |
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| 19 | 19 | | consideration by the consumer of more than $100,000; |
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| 20 | 20 | | (2) in negotiating the contract the consumer is |
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| 21 | 21 | | represented by legal counsel who is not directly or indirectly |
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| 22 | 22 | | identified, suggested, or selected by the defendant or an agent of |
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| 23 | 23 | | the defendant; and |
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| 24 | 24 | | (3) the contract does not involve the consumer's |
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| 25 | 25 | | residence. |
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| 26 | 26 | | (g) A consumer may not bring an [Nothing in this subchapter |
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| 27 | 27 | | shall apply to a cause of] action under Section 17.50 for a claim |
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| 28 | 28 | | arising from a transaction, a project, or a set of transactions |
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| 29 | 29 | | relating to the same project, involving total consideration by the |
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| 30 | 30 | | consumer of more than $500,000, other than a cause of action |
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| 31 | 31 | | involving a consumer's residence. |
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| 32 | 32 | | SECTION 2. Section 17.60, Business & Commerce Code, is |
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| 33 | 33 | | amended to read as follows: |
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| 34 | 34 | | Sec. 17.60. REPORTS AND EXAMINATIONS. (a) Whenever the |
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| 35 | 35 | | consumer protection division has reason to believe that a person is |
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| 36 | 36 | | engaging in, has engaged in, or is about to engage in any act or |
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| 37 | 37 | | practice declared to be unlawful by this subchapter, or when it |
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| 38 | 38 | | reasonably believes it to be in the public interest to conduct an |
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| 39 | 39 | | investigation to ascertain whether any person is engaging in, has |
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| 40 | 40 | | engaged in, or is about to engage in any such act or practice, an |
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| 41 | 41 | | authorized member of the division may: |
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| 42 | 42 | | (1) require the person to file on the prescribed forms |
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| 43 | 43 | | a statement or report in writing, under oath or otherwise, as to all |
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| 44 | 44 | | the facts and circumstances concerning the alleged violation and |
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| 45 | 45 | | such other data and information as the consumer protection division |
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| 46 | 46 | | deems necessary; |
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| 47 | 47 | | (2) examine under oath any person in connection with |
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| 48 | 48 | | this alleged violation; |
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| 49 | 49 | | (3) examine any merchandise or sample of merchandise |
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| 50 | 50 | | deemed necessary and proper; and |
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| 51 | 51 | | (4) pursuant to an order of the appropriate court, |
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| 52 | 52 | | impound any sample of merchandise that is produced in accordance |
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| 53 | 53 | | with this subchapter and retain it in the possession of the division |
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| 54 | 54 | | until the completion of all proceedings in connection with which |
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| 55 | 55 | | the merchandise is produced. |
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| 56 | 56 | | (b) Unless ordered by a court for good cause, no sworn |
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| 57 | 57 | | testimony made under this section may be disclosed to any person |
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| 58 | 58 | | other than an authorized employee of the office of the attorney |
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| 59 | 59 | | general without the consent of the person who made the testimony. |
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| 60 | 60 | | The office of the attorney general shall prescribe reasonable terms |
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| 61 | 61 | | and conditions allowing for the disclosure of the sworn testimony |
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| 62 | 62 | | to an authorized representative of that person. The office of the |
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| 63 | 63 | | attorney general may use the sworn testimony as it determines |
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| 64 | 64 | | necessary in the enforcement of this subchapter, including |
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| 65 | 65 | | presentation before any court. Any testimony that contains trade |
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| 66 | 66 | | secrets may not be disclosed except with the approval of the court |
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| 67 | 67 | | in which the action is pending after adequate notice to the person |
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| 68 | 68 | | furnishing the material. |
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| 69 | 69 | | SECTION 3. This Act takes effect September 1, 2025. |
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