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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of information by online marketplaces to |
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inform consumers; creating a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 12, Business & Commerce Code, is amended by |
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adding Chapter 608 to read as follows: |
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Chapter 608. Online Marketplace Disclosure |
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Sec. 608.001. SHORT TITLE. This chapter may be cited as the |
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Online Marketplace Disclosure Act. |
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Sec. 608.002. PURPOSE. The purpose of this chapter is to |
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protect consumers from purchasing stolen and counterfeit |
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merchandise on the Internet. |
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Sec. 608.003. DEFINITIONS. In this chapter: |
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(1) "Consumer product" means any tangible personal |
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property which is distributed in commerce and which is normally |
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used for personal, family, or household purposes, including any |
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such property intended to be attached to or installed in any real |
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property without regard to whether it is so attached or installed. |
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(2) "High volume third-party seller" means a |
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participant in an online marketplace who is a third-party seller |
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and who, in any continuous 12 month period during the previous 24 |
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months, has entered into 200 or more discrete sales or transactions |
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of new or unused consumer products resulting in the accumulation of |
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an aggregate total of $5,00 or more in gross revenues. |
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(3) "Online marketplace" means any electronically |
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based or accessed platform that: |
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(a) includes features that allow for, |
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facilitate, or enable third party sellers to engage in the sale, |
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purchase, payment, storage, shipping, or delivery of a consumer |
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product in the United States; and |
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(b) hosts one or more third party sellers. |
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(4) "Seller" means a person who sells, offers to sell, |
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or contracts to sell a consumer product through an online |
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marketplace. |
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(5) "Third-party seller" means any seller, |
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independent of an operator, facilitator, or owner of an online |
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marketplace, who sells, offers to sell, or contracts to sell a |
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consumer product in the United States through an online |
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marketplace. |
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(6) "Verify" means to confirm information provided to |
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an online marketplace pursuant to this section. |
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Sec. 608.004. VERIFICATION REQUIRED. An online marketplace |
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shall require that any high-volume third party seller on the online |
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marketplace provide the online marketplace with the following |
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information within 24 hours of becoming a high-volume seller: |
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(a) bank account information; |
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(b) contact information; |
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(c) business tax identification number or if a |
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high-volume third party seller does not possess a business tax |
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identification number, a tax identification number; and |
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(d) any other websites or online marketplaces the |
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high-volume third party seller is currently offering the consumer |
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products for sale or advertising the consumer products. |
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Sec. 608.005. DISCLOSURE REQUIRED. Any online marketplace |
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shall require a high-volume third party seller: |
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(a) to provide identifying information to the online |
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marketplace; and |
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(b) to provide a conspicuously placed link that |
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identifies the third-party high volume seller to consumers. |
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Sect. 608.006. ENFORCEMENT BY ATTORNEY GENERAL. The |
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attorney general shall enforce this chapter. The attorney general |
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may: |
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(a) recover a civil penalty of $10,000 for each |
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violation of this chapter; and |
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(b) seek equitable relief to restrain a violation of |
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this chapter. |
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SECTION 2. This act takes effect September 1, 2021. |