Bill Text: TX HB3902 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to commencement and prosecution of certain actions by and to investigations conducted by district and county attorneys under the Deceptive Trade Practices-Consumer Protection Act.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3902 Detail]
Download: Texas-2017-HB3902-Introduced.html
Bill Title: Relating to commencement and prosecution of certain actions by and to investigations conducted by district and county attorneys under the Deceptive Trade Practices-Consumer Protection Act.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3902 Detail]
Download: Texas-2017-HB3902-Introduced.html
85R13599 GRM-D | ||
By: Thompson of Harris | H.B. No. 3902 |
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relating to commencement and prosecution of certain actions by and | ||
to investigations conducted by district and county attorneys under | ||
the Deceptive Trade Practices-Consumer Protection Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter E, Chapter 17, Business & Commerce | ||
Code, is amended by adding Section 17.463 to read as follows: | ||
Sec. 17.463. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION | ||
OF CERTAIN SYNTHETIC SUBSTANCES. (a) This section applies only to | ||
an act described by Section 17.46(b)(30). | ||
(b) Subject to Subsection (e) and except as otherwise | ||
provided by this section, an act to which this section applies is | ||
subject to action by a district or county attorney under Sections | ||
17.47, 17.58, 17.60, and 17.61 to the same extent as the act is | ||
subject to action by the consumer protection division under those | ||
sections. | ||
(c) If a district or county attorney, under the authority of | ||
this section, accepts assurance of voluntary compliance under | ||
Section 17.58, the district or county attorney must file the | ||
assurance of voluntary compliance in the district court in the | ||
county in which the alleged violator resides or does business. | ||
(d) If a district or county attorney, under the authority of | ||
this section, executes and serves a civil investigative demand and | ||
files a petition described by Section 17.61(g), the petition must | ||
be filed in the district court in the county where the parties | ||
reside. | ||
(e) A district or county attorney may act under this section | ||
so long as the consumer protection division does not intend to act | ||
with respect to that matter. | ||
(f) Notwithstanding any other law, in an action brought by a | ||
district or county attorney under this section, all settlements or | ||
penalties collected by the district or county attorney shall be | ||
divided between the state and the county in which the attorney | ||
brought suit, with: | ||
(1) 50 percent of the amount collected paid to the | ||
state for deposit in the general revenue fund; and | ||
(2) 50 percent of the amount collected paid to the | ||
county. | ||
SECTION 2. This Act applies only to conduct that occurs on | ||
or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2017. |