Bill Text: TX HB3852 | 2021-2022 | 87th Legislature | Comm Sub

---

Bill Title: Relating to a study by the attorney general of the online resale of consumer goods obtained illegally and the online sale or distribution of counterfeit goods.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-05-10 - Committee report sent to Calendars [HB3852 Detail]

Download: Texas-2021-HB3852-Comm_Sub.html

---

87R22923 MLH-D
By: Raney H.B. No. 3852
Substitute the following for H.B. No. 3852:
By: Turner of Tarrant C.S.H.B. No. 3852

A BILL TO BE ENTITLED
AN ACT
relating to a study by the attorney general of the online resale of
consumer goods obtained illegally and the online sale or
distribution of counterfeit goods.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Internet website" includes an online
marketplace.
(2) "Online marketplace" means an electronically
based or accessed platform that:
(A) includes features that allow for,
facilitate, or enable third-party sellers to engage in the sale,
purchase, storage, shipping, or delivery of or processing payments
for consumer goods in the United States; and
(B) hosts one or more third-party sellers.
(3) "Seller" means a person who sells, offers to sell,
or contracts to sell consumer goods in the United States through an
online marketplace.
(4) "Third-party seller" means a seller that is
independent of a facilitator, owner, or operator of an online
marketplace through which the seller sells consumer goods.
SECTION 2. STUDY. (a) The attorney general shall conduct a
study regarding the online resale of retail merchandise and other
consumer goods obtained illegally in this state and the online sale
or distribution of counterfeit goods.
(b) In conducting the study, the attorney general shall:
(1) gather data on the incidence of persons who
illegally obtain retail merchandise and other consumer goods in
this state and resell the merchandise or other consumer goods
through the use of an Internet website;
(2) evaluate and review existing cases of:
(A) the purchase, sale, or distribution through
the use of an Internet website of illegally obtained consumer goods
in this state, including illegally obtained merchandise from a
retail establishment in this state; and
(B) the sale or distribution of counterfeit goods
through the use of an Internet website;
(3) get files and other information on any
investigations of persons involved in illegal activity described by
Subdivision (1) or (2) of this section from local prosecuting
attorneys and local law enforcement agencies;
(4) analyze and evaluate trends in illegal activity in
and potential methods for mitigating:
(A) the purchase, sale, or distribution through
the use of an Internet website of illegally obtained property from a
retail establishment in this state; and
(B) the sale or distribution of counterfeit goods
through the use of an Internet website;
(5) gather data on the extent to which a third-party
seller selling or offering to sell consumer goods online to
residents of this state has made the seller's name, business
address, and working contact information available to the public;
and
(6) determine the frequency with which an online
marketplace verifies any identifying information provided by
third-party sellers selling or offering to sell consumer goods to
residents of this state.
(c) Local prosecuting attorneys and local law enforcement
agencies, on request of the attorney general, shall provide data
for purposes of the study.
(d) The attorney general shall solicit and accept input from
the public in conducting the study.
(e) The attorney general may collaborate with the
appropriate standing committees of the house of representatives and
the senate in conducting the study.
SECTION 3. REPORT. Not later than August 31, 2022, the
attorney general shall submit to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
legislature a written report on the study required under this Act
that includes any legislative recommendations based on the study.
SECTION 4. EXPIRATION. This Act expires September 30,
2022.
SECTION 5. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2021.