Bill Text: TX SB591 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to prohibitions in connection with certain sales of clothing on an Internet website or software application; providing a civil penalty.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2025-02-03 - Referred to Business & Commerce [SB591 Detail]
Download: Texas-2025-SB591-Introduced.html
| 89R1591 MLH-D | ||
| By: West | S.B. No. 591 | |
|
|
||
|
|
||
| relating to prohibitions in connection with certain sales of | ||
| clothing on an Internet website or software application; providing | ||
| a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 10, Business & Commerce Code, | ||
| is amended by adding Chapter 330 to read as follows: | ||
| CHAPTER 330. ONLINE SALE OF CLOTHING | ||
| Sec. 330.001. DEFINITIONS. In this chapter: | ||
| (1) "Bot" means any automated software program that | ||
| performs automatic and repetitive tasks and is designed to | ||
| impersonate or replicate human activity online. The term does not | ||
| include software designed to store and manage passwords or | ||
| automatically fill editable fields on an Internet website or | ||
| software application. | ||
| (2) "Clothing" means worn apparel for human use. The | ||
| term includes shoes. | ||
| Sec. 330.002. PROHIBITION ON USE OR CREATION OF BOTS TO | ||
| ENGAGE IN CERTAIN CLOTHING PURCHASES. A person may not use or | ||
| create a bot to: | ||
| (1) purchase clothing on an Internet website or | ||
| through a software application; | ||
| (2) use multiple Internet Protocol (IP) addresses, | ||
| multiple purchaser accounts, or multiple e-mail addresses to | ||
| purchase clothing on an Internet website or through a software | ||
| application; | ||
| (3) circumvent or disable a randomized customer | ||
| selection system or other sales volume limitation system associated | ||
| with the sale of clothing on an Internet website or through a | ||
| software application; or | ||
| (4) circumvent or disable a security measure, access | ||
| control system, or other control or measure that is used to | ||
| facilitate the sale of clothing on an Internet website or through a | ||
| software application. | ||
| Sec. 330.003. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION; | ||
| CIVIL PENALTY. (a) The attorney general may investigate a claim | ||
| that a person violated this chapter. | ||
| (b) If the attorney general concludes that a person has | ||
| violated this chapter, the attorney general may bring an action in | ||
| the name of the state to restrain or enjoin the person from further | ||
| violating this chapter. | ||
| (c) In addition to bringing an action for injunctive relief | ||
| under this chapter, the attorney general may seek restitution and | ||
| petition a district court for the assessment of a civil penalty as | ||
| provided by this section. | ||
| (d) A person who knowingly violates Section 330.002 is | ||
| liable for a civil penalty of not more than $5,000 for each | ||
| violation. | ||
| (e) Every clothing purchase in violation of Section 330.002 | ||
| constitutes a separate violation for purposes of assessing a civil | ||
| penalty. | ||
| (f) The civil penalty for a violation of a court order or | ||
| injunction issued to enforce this section may not exceed $50,000. | ||
| (g) The attorney general may recover all reasonable costs of | ||
| bringing an action under this section, including court costs, | ||
| reasonable attorney's fees, and investigation costs. | ||
| SECTION 2. Section 330.002, Business & Commerce Code, as | ||
| added by this Act, applies only to a purchase that occurs on or | ||
| after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
