| 1 | 1 | | 89R7932 MLH-D |
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| 2 | 2 | | By: Phelan H.B. No. 5212 |
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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 advertising, display, and offer of prices for |
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| 10 | 10 | | prepared food. |
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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. Subchapter B, Chapter 17, Business & Commerce |
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| 13 | 13 | | Code, is amended by adding Section 17.13 to read as follows: |
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| 14 | 14 | | Sec. 17.13. DECEPTIVE FOOD PRICE ADVERTISING. (a) A person |
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| 15 | 15 | | who sells prepared food may not advertise, display, or offer a price |
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| 16 | 16 | | for prepared food in a manner that does not indicate the full price |
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| 17 | 17 | | to be paid by the consumer including: |
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| 18 | 18 | | (1) any mandatory fees or charges the person imposes; |
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| 19 | 19 | | and |
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| 20 | 20 | | (2) any taxes or fees imposed by a governmental |
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| 21 | 21 | | entity. |
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| 22 | 22 | | (b) A person shall ensure that the full price for prepared |
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| 23 | 23 | | food described by Subsection (a) is clearly and conspicuously |
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| 24 | 24 | | displayed in a standard font type and size that is reasonably easy |
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| 25 | 25 | | for a consumer to read. |
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| 26 | 26 | | (c) A consumer may bring a cause of action for a violation of |
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| 27 | 27 | | this section seeking: |
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| 28 | 28 | | (1) an injunction against further violation of this |
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| 29 | 29 | | section; |
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| 30 | 30 | | (2) damages in an amount equal to the lesser of: |
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| 31 | 31 | | (A) actual damages incurred by the person |
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| 32 | 32 | | bringing the cause of action; or |
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| 33 | 33 | | (B) $1,000; and |
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| 34 | 34 | | (3) reasonable attorney's fees. |
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| 35 | 35 | | (d) The attorney general may seek: |
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| 36 | 36 | | (1) to enjoin violations of this section; and |
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| 37 | 37 | | (2) damages and other relief allowed by law, including |
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| 38 | 38 | | restitution available under applicable law. |
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| 39 | 39 | | (e) In an action brought by the attorney general under |
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| 40 | 40 | | Subsection (d), the attorney general is entitled to seek reasonable |
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| 41 | 41 | | attorney's fees and costs. |
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| 42 | 42 | | SECTION 2. The change in law made by this Act applies only |
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| 43 | 43 | | to the advertising, display, or offer of prepared food made on or |
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| 44 | 44 | | after the effective date of this Act. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2025. |
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