Bill Text: TX HB765 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to restrictions on the prices of certain consumer goods and services during an abnormal disruption of the market.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-04-04 - Left pending in committee [HB765 Detail]
Download: Texas-2011-HB765-Introduced.html
| By: Lozano | H.B. No. 765 | |
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| relating to restrictions on the prices of certain consumer goods | ||
| and services during an abnormal disruption of the market. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 5, Business & Commerce Code, as | ||
| effective April 1, 2009, is amended by adding Chapter 106 to read as | ||
| follows: | ||
| CHAPTER 106. RESTRICTED PRICING DURING ABNORMAL DISRUPTION OF | ||
| MARKET | ||
| Sec. 106.001. DEFINITIONS. In this chapter: | ||
| (1) "Essential consumer good or service" means a good | ||
| or service that is purchased or provided primarily for personal, | ||
| family, or household purposes and that is necessary for the health, | ||
| safety, or welfare of a consumer. The term includes residential | ||
| construction. | ||
| (2) "Merchant" or "wholesaler" does not include a | ||
| governmental entity. | ||
| Sec. 106.002. UNCONSCIONABLE PRICES PROHIBITED; | ||
| DETERMINATION OF UNCONSCIONABLE PRICE. (a) If an abnormal | ||
| disruption of the market for any consumer good or service occurs in | ||
| an area, a merchant or wholesaler may not sell or offer for sale an | ||
| essential consumer good or service in the area for a price that is | ||
| unconscionably excessive. | ||
| (b) A price charged by a merchant or wholesaler for an | ||
| essential consumer good or service is unconscionably excessive as a | ||
| matter of law if the price exceeds by 20 percent or more the price at | ||
| which the good or service was sold or offered for sale by the | ||
| merchant or wholesaler in the usual course of business, or was | ||
| readily obtainable by consumers in the trade area, immediately | ||
| before the abnormal disruption of the market that prevents | ||
| essential consumer goods or services from being readily available. | ||
| (c) A price charged by a merchant or wholesaler for an | ||
| essential consumer good or service is not considered unconscionably | ||
| excessive as a matter of law if the price is attributable to and | ||
| consistent with the price charged for the good or service during a | ||
| special event or traditional high demand period that is unrelated | ||
| to the abnormal disruption of the market. | ||
| (d) A violation of this section is considered a false, | ||
| misleading, or deceptive act or practice for purposes of Section | ||
| 17.46(a), and is subject to action only by the consumer protection | ||
| division of the attorney general's office as provided by Section | ||
| 17.46(a). | ||
| (e) It is an affirmative defense to liability under this | ||
| section that the price charged by the merchant or wholesaler is: | ||
| (1) attributable to additional costs imposed by the | ||
| merchant's or wholesaler's suppliers or otherwise necessarily | ||
| incurred in procuring the goods or providing the services during | ||
| the abnormal disruption of the market; or | ||
| (2) the result of increased costs unrelated to the | ||
| abnormal disruption of the market. | ||
| (f) This chapter does not apply to a service that is: | ||
| (1) monitored by the Public Utility Commission of | ||
| Texas under Section 39.157, Utilities Code; | ||
| (2) provided by a retail electric provider as defined | ||
| by Section 31.002, Utilities Code; | ||
| (3) provided by an electric utility as defined by | ||
| Section 31.002, Utilities Code; or | ||
| (4) provided by a gas utility whose rates are | ||
| established under Subchapter B, Chapter 104, Utilities Code. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
