Bill Text: TX SB275 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the use of an entity name that falsely implies governmental affiliation.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2021-05-26 - Withdrawn from calendar (by author) [SB275 Detail]
Download: Texas-2021-SB275-Comm_Sub.html
Bill Title: Relating to the use of an entity name that falsely implies governmental affiliation.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2021-05-26 - Withdrawn from calendar (by author) [SB275 Detail]
Download: Texas-2021-SB275-Comm_Sub.html
By: Hinojosa | S.B. No. 275 | |
(In the Senate - Filed January 4, 2021; March 3, 2021, read | ||
first time and referred to Committee on State Affairs; | ||
April 19, 2021, reported favorably by the following vote: Yeas 9, | ||
Nays 0; April 19, 2021, sent to printer.) | ||
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relating to the use of an entity name that falsely implies | ||
governmental affiliation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 6, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 150C to read as follows: | ||
CHAPTER 150C. ENTITY NAME FALSELY IMPLYING GOVERNMENTAL | ||
AFFILIATION | ||
Sec. 150C.001. DEFINITION. In this chapter, "governmental | ||
unit" has the meaning assigned by Section 101.001. | ||
Sec. 150C.002. FALSELY IMPLYING GOVERNMENTAL AFFILIATION. | ||
(a) A governmental unit is entitled to enjoin another person's use | ||
of an entity name that might falsely imply governmental affiliation | ||
with the governmental unit. | ||
(b) In an action brought under this section, the | ||
governmental unit is entitled to injunctive relief throughout the | ||
state. | ||
(c) If the court finds that the person against whom the | ||
injunctive relief is sought wilfully intended to imply governmental | ||
affiliation with the governmental unit, the court, in the court's | ||
discretion, may: | ||
(1) enter judgment in an amount not to exceed three | ||
times the amount of the entity's profits and the governmental unit's | ||
damages; and | ||
(2) award reasonable attorney's fees to the | ||
governmental unit. | ||
SECTION 2. This Act takes effect September 1, 2021. | ||
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