89R7932 MLH-D
By: Phelan H.B. No. 5212
A BILL TO BE ENTITLED
AN ACT
relating to the advertising, display, and offer of prices for
prepared food.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 17, Business & Commerce
Code, is amended by adding Section 17.13 to read as follows:
Sec. 17.13. DECEPTIVE FOOD PRICE ADVERTISING. (a) A person
who sells prepared food may not advertise, display, or offer a price
for prepared food in a manner that does not indicate the full price
to be paid by the consumer including:
(1) any mandatory fees or charges the person imposes;
and
(2) any taxes or fees imposed by a governmental
entity.
(b) A person shall ensure that the full price for prepared
food described by Subsection (a) is clearly and conspicuously
displayed in a standard font type and size that is reasonably easy
for a consumer to read.
(c) A consumer may bring a cause of action for a violation of
this section seeking:
(1) an injunction against further violation of this
section;
(2) damages in an amount equal to the lesser of:
(A) actual damages incurred by the person
bringing the cause of action; or
(B) $1,000; and
(3) reasonable attorney's fees.
(d) The attorney general may seek:
(1) to enjoin violations of this section; and
(2) damages and other relief allowed by law, including
restitution available under applicable law.
(e) In an action brought by the attorney general under
Subsection (d), the attorney general is entitled to seek reasonable
attorney's fees and costs.
SECTION 2. The change in law made by this Act applies only
to the advertising, display, or offer of prepared food made on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.