| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the prosecution of certain actions by district and |
|
|
county attorneys under the Deceptive Trade Practices-Consumer |
|
|
Protection Act. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 17.48(c) and (d), Business & Commerce |
|
|
Code, are amended to read as follows: |
|
|
(c) In an action prosecuted by a district or county attorney |
|
|
under this subchapter for a violation of Section 17.46(b)(28) or |
|
|
(33), three-fourths of any civil penalty awarded by a court must be |
|
|
paid to the county where the court is located. |
|
|
(d) A district or county attorney is not required to obtain |
|
|
the permission of the consumer protection division to prosecute an |
|
|
action under this subchapter for a violation of Section |
|
|
17.46(b)(28) or (33), if the district or county attorney provides |
|
|
prior written notice to the division as required by Subsection (b). |
|
|
SECTION 2. Sections 17.48(c) and (d), Business & Commerce |
|
|
Code, as amended by this Act, apply only to an action that accrues |
|
|
on or after the effective date of this Act. An action that accrued |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect immediately before the effective date of this Act, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |