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A BILL TO BE ENTITLED
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AN ACT
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relating to the labeling, advertising, and sale of products as |
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"Made in Texas"; authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 17, Business & Commerce Code, is amended |
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by adding Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. LABELING, ADVERTISING, AND SALE OF "MADE IN TEXAS" |
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PRODUCTS |
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Sec. 17.71. "MADE IN TEXAS" LABELING STANDARD. (a) The |
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comptroller by rule shall establish criteria for determining |
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whether a product may use "Made in Texas" or equivalent phrasing to |
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represent that the product was made in whole or in substantial part |
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in Texas. |
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(b) The criteria established under this section must |
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include a requirement that all or virtually all significant parts |
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and processing of a product originated in this state. |
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Sec. 17.72. COMPLIANCE WITH STANDARD REQUIRED. To the |
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extent a person sells, advertises, or offers for sale in this state |
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a product with "Made in Texas" or equivalent phrasing to represent |
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that the product was made in whole or in substantial part in Texas, |
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the label must be consistent with rules adopted by the comptroller |
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under Section 17.71. |
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Sec. 17.73. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A person |
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who violates Section 17.72 is liable to this state for a civil |
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penalty not to exceed $500 for each violation. |
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(b) The attorney general may bring an action in the name of |
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the state to: |
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(1) recover a civil penalty under this section; or |
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(2) restrain or enjoin the person from violating |
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Section 17.72. |
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(c) The action may be brought in a district court in: |
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(1) Travis County; or |
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(2) a county in which any part of the violation or |
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threatened violation occurs. |
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(d) A civil penalty collected under this section shall be |
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deposited in the state treasury to the credit of the general revenue |
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fund. |
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Sec. 17.74. AMOUNT OF CIVIL PENALTY. (a) Each day that a |
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violation continues may be considered a separate violation for |
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purposes of a civil penalty under this subchapter. |
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(b) The amount of a civil penalty must be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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(4) efforts by the person to correct the violation; |
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and |
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(5) any other matter that justice may require. |
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SECTION 2. This Act takes effect September 1, 2023. |