89R1591 MLH-D
By: West S.B. No. 591
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions in connection with certain sales of
clothing on an Internet website or software application; providing
a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 10, Business & Commerce Code,
is amended by adding Chapter 330 to read as follows:
CHAPTER 330. ONLINE SALE OF CLOTHING
Sec. 330.001. DEFINITIONS. In this chapter:
(1) "Bot" means any automated software program that
performs automatic and repetitive tasks and is designed to
impersonate or replicate human activity online. The term does not
include software designed to store and manage passwords or
automatically fill editable fields on an Internet website or
software application.
(2) "Clothing" means worn apparel for human use. The
term includes shoes.
Sec. 330.002. PROHIBITION ON USE OR CREATION OF BOTS TO
ENGAGE IN CERTAIN CLOTHING PURCHASES. A person may not use or
create a bot to:
(1) purchase clothing on an Internet website or
through a software application;
(2) use multiple Internet Protocol (IP) addresses,
multiple purchaser accounts, or multiple e-mail addresses to
purchase clothing on an Internet website or through a software
application;
(3) circumvent or disable a randomized customer
selection system or other sales volume limitation system associated
with the sale of clothing on an Internet website or through a
software application; or
(4) circumvent or disable a security measure, access
control system, or other control or measure that is used to
facilitate the sale of clothing on an Internet website or through a
software application.
Sec. 330.003. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION;
CIVIL PENALTY. (a) The attorney general may investigate a claim
that a person violated this chapter.
(b) If the attorney general concludes that a person has
violated this chapter, the attorney general may bring an action in
the name of the state to restrain or enjoin the person from further
violating this chapter.
(c) In addition to bringing an action for injunctive relief
under this chapter, the attorney general may seek restitution and
petition a district court for the assessment of a civil penalty as
provided by this section.
(d) A person who knowingly violates Section 330.002 is
liable for a civil penalty of not more than $5,000 for each
violation.
(e) Every clothing purchase in violation of Section 330.002
constitutes a separate violation for purposes of assessing a civil
penalty.
(f) The civil penalty for a violation of a court order or
injunction issued to enforce this section may not exceed $50,000.
(g) The attorney general may recover all reasonable costs of
bringing an action under this section, including court costs,
reasonable attorney's fees, and investigation costs.
SECTION 2. Section 330.002, Business & Commerce Code, as
added by this Act, applies only to a purchase that occurs on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.