Bill Text: TX HB3902 | 2017-2018 | 85th Legislature | Comm Sub
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-Comm_Sub.html
85R22999 GRM-D | |||
By: Thompson of Harris, Wu, Workman | H.B. No. 3902 | ||
Substitute the following for H.B. No. 3902: | |||
By: Collier | C.S.H.B. No. 3902 |
|
||
|
||
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)(31). | ||
(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 | ||
comptroller for deposit to the credit of the basic civil legal | ||
services account established by Section 51.943, Government Code; | ||
and | ||
(2) 50 percent of the amount collected paid to the | ||
county. | ||
SECTION 2. 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 | ||
comptroller for deposit to the credit of the basic civil legal | ||
services account established by Section 51.943, Government Code; | ||
and | ||
(2) 50 percent of the amount collected paid to the | ||
county. | ||
SECTION 3. This Act applies only to conduct that occurs on | ||
or after the effective date of this Act. | ||
SECTION 4. (a) Section 1 of this Act takes effect only if | ||
the Act of the 85th Legislature, Regular Session, 2017, relating to | ||
nonsubstantive additions to and corrections in enacted codes | ||
becomes law. | ||
(b) Section 2 of this Act takes effect only if the Act of the | ||
85th Legislature, Regular Session, 2017, relating to | ||
nonsubstantive additions to and corrections in enacted codes does | ||
not become law. | ||
SECTION 5. This Act takes effect September 1, 2017. |