89R15932 SCR-F
By: Curry H.B. No. 4564
A BILL TO BE ENTITLED
AN ACT
relating to the investigation and enforcement of the Deceptive
Trade Practices-Consumer Protection Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 17.49(f) and (g), Business & Commerce
Code, are amended to read as follows:
(f) A consumer may not bring an action under Section 17.50
for [Nothing in the subchapter shall apply to] a claim arising out
of a written contract if:
(1) the contract relates to a transaction, a project,
or a set of transactions related to the same project involving total
consideration by the consumer of more than $100,000;
(2) in negotiating the contract the consumer is
represented by legal counsel who is not directly or indirectly
identified, suggested, or selected by the defendant or an agent of
the defendant; and
(3) the contract does not involve the consumer's
residence.
(g) A consumer may not bring an [Nothing in this subchapter
shall apply to a cause of] action under Section 17.50 for a claim
arising from a transaction, a project, or a set of transactions
relating to the same project, involving total consideration by the
consumer of more than $500,000, other than a cause of action
involving a consumer's residence.
SECTION 2. Section 17.60, Business & Commerce Code, is
amended to read as follows:
Sec. 17.60. REPORTS AND EXAMINATIONS. (a) Whenever the
consumer protection division has reason to believe that a person is
engaging in, has engaged in, or is about to engage in any act or
practice declared to be unlawful by this subchapter, or when it
reasonably believes it to be in the public interest to conduct an
investigation to ascertain whether any person is engaging in, has
engaged in, or is about to engage in any such act or practice, an
authorized member of the division may:
(1) require the person to file on the prescribed forms
a statement or report in writing, under oath or otherwise, as to all
the facts and circumstances concerning the alleged violation and
such other data and information as the consumer protection division
deems necessary;
(2) examine under oath any person in connection with
this alleged violation;
(3) examine any merchandise or sample of merchandise
deemed necessary and proper; and
(4) pursuant to an order of the appropriate court,
impound any sample of merchandise that is produced in accordance
with this subchapter and retain it in the possession of the division
until the completion of all proceedings in connection with which
the merchandise is produced.
(b) Unless ordered by a court for good cause, no sworn
testimony made under this section may be disclosed to any person
other than an authorized employee of the office of the attorney
general without the consent of the person who made the testimony.
The office of the attorney general shall prescribe reasonable terms
and conditions allowing for the disclosure of the sworn testimony
to an authorized representative of that person. The office of the
attorney general may use the sworn testimony as it determines
necessary in the enforcement of this subchapter, including
presentation before any court. Any testimony that contains trade
secrets may not be disclosed except with the approval of the court
in which the action is pending after adequate notice to the person
furnishing the material.
SECTION 3. This Act takes effect September 1, 2025.