Bill Text: TX HB5272 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the prohibited resale of infant formula purchased at retail; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-24 - Referred to Public Health [HB5272 Detail]
Download: Texas-2023-HB5272-Introduced.html
| 88R7212 MPF-D | ||
| By: Lopez of Bexar | H.B. No. 5272 | |
|
|
||
|
|
||
| relating to the prohibited resale of infant formula purchased at | ||
| retail; providing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 6, Health and Safety Code, is | ||
| amended by adding Chapter 444 to read as follows: | ||
| CHAPTER 444. RESALE OF INFANT FORMULA PURCHASED AT RETAIL | ||
| Sec. 444.001. DEFINITION. In this chapter, "infant | ||
| formula" has the meaning assigned by Section 431.002. | ||
| Sec. 444.002. PROHIBITION ON RESELLING INFANT FORMULA | ||
| PURCHASED AT RETAIL. A person who purchases infant formula at | ||
| retail, including at a retail establishment or from an online | ||
| retail seller, may not resell the infant formula for profit. | ||
| Sec. 444.003. CIVIL PENALTY. (a) At the request of the | ||
| department, the attorney general or a district, county, or | ||
| municipal attorney shall institute an action in district court to | ||
| collect a civil penalty for a violation of Section 444.002. | ||
| (b) The civil penalty may not exceed: | ||
| (1) $5,000 for the first violation; and | ||
| (2) $10,000 for each subsequent violation. | ||
| (c) The attorney general or district, county, or municipal | ||
| attorney may recover reasonable attorney's fees and expenses and | ||
| court costs incurred in recovering a civil penalty under this | ||
| section. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a cause of action that accrues on or after the effective date of | ||
| this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
