Relating to the jurisdiction of county attorneys to prosecute the deceptive trade practice of price gouging during a declared disaster.
Impact
The introduction of SB2346 marks a significant shift in how price gouging cases could be prosecuted at the local level. Previously, only the Attorney General or the Consumer Protection Division had the authority to pursue these violations, which could result in delays and complicate legal proceedings in urgent situations. By allowing county attorneys to act without needing prior permission from the Consumer Protection Division, the bill facilitates a quicker response to unethical pricing practices during disasters, aiming to better protect consumers from exploitation.
Summary
Senate Bill 2346 aims to amend the Business and Commerce Code in Texas, specifically concerning the jurisdiction of county attorneys in prosecuting deceptive trade practices related to price gouging during declared disasters. With the growing concerns around consumer protection in times of crisis, this bill provides county attorneys with concurrent jurisdiction alongside the Attorney General. This means that county attorneys will now have the authority to address price gouging cases independently, thus enhancing local enforcement mechanisms during emergencies.
Contention
While the bill is seen as a positive development by many consumer rights advocates, some lawmakers might raise concerns regarding the potential for overreach by county attorneys. There is a fear that this could lead to inconsistent enforcement across counties, depending on the resources and willingness of each county attorney to engage in such prosecutions. Additionally, there may be concerns regarding the adequacy of training and resources available to county attorneys to properly handle these types of cases, which could impact the effectiveness of this legislation.
Relating to investigations and actions by district or county attorneys in connection with the deceptive trade practice of charging exorbitant or excessive prices for necessities during a declared disaster.
Relating to the concurrent jurisdiction of prosecuting attorneys in adjoining districts or counties to prosecute criminal offenses involving the election laws in this state.
Relating to the concurrent jurisdiction of prosecuting attorneys in adjoining districts or counties to prosecute criminal offenses involving the election laws in this state.
Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.