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A BILL TO BE ENTITLED
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AN ACT
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relating to investigations and actions by district or county |
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attorneys in connection with the deceptive trade practice of |
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charging exorbitant or excessive prices for necessities during a |
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declared disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 17.463, Business & |
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Commerce Code, is amended to read as follows: |
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Sec. 17.463. LIMITED AUTHORITY OF DISTRICT AND COUNTY |
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ATTORNEYS TO INVESTIGATE AND PROSECUTE CERTAIN DECEPTIVE ACTS OR |
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PRACTICES [PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN |
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SYNTHETIC SUBSTANCES]. |
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SECTION 2. Section 17.463, Business & Commerce Code, is |
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amended by amending Subsections (a) and (f) and adding Subsection |
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(g) to read as follows: |
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(a) This section applies only to an act described by Section |
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17.46(b)(27) or (31) [17.46(b)(31)]. |
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(f) Notwithstanding any other law, in an action brought by a |
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district or county attorney under this section for a violation of |
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Section 17.46(b)(31), all settlements or penalties collected by the |
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district or county attorney shall be divided between the state and |
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the county in which the attorney brought suit, with: |
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(1) 50 percent of the amount collected paid to the |
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comptroller for deposit to the credit of the basic civil legal |
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services account established by Section 51.943, Government Code; |
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and |
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(2) 50 percent of the amount collected paid to the |
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county shall be deposited by the county in a segregated account and |
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the funds shall be used only for law enforcement, public health |
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programs, or drug abuse prevention programs. |
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(g) Notwithstanding any other law, in an action brought by a |
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district or county attorney under this section for a violation of |
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Section 17.46(b)(27), all settlements or penalties collected by the |
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district or county attorney shall be divided between the state and |
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the county in which the attorney brought suit, with: |
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(1) 50 percent of the amount collected paid to the |
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comptroller for deposit to the credit of the basic civil legal |
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services account established by Section 51.943, Government Code; |
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and |
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(2) 50 percent of the amount collected paid to the |
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county. |
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SECTION 3. The changes in law made by this Act apply only to |
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an act or practice that occurs on or after the effective date of |
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this Act. An act or practice that occurs before the effective date |
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of this Act is governed by the law in effect on the date the act or |
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practice occurred, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |