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House Bill 54 |
House Author: Chavez et al. |
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Effective: 9-1-07 |
Senate Sponsor: Deuell et al. |
House Bill 54 amends the Business & Commerce Code to prohibit a person from advertising, promoting, or conducting certain live musical performances in Texas through the use of a false, deceptive, or misleading affiliation, connection, or association between a recording group and a performing musical group. The bill authorizes the attorney general to bring an action against the person to restrain the act or practice by temporary or permanent injunction if certain conditions exist. In addition, the prosecuting attorney in the county where such a violation occurs, with prior written notice to the attorney general, may institute and prosecute an action seeking injunctive relief and must make a full report to the attorney general regarding any action prosecuted. The bill authorizes a court issuing a permanent injunction in such a case to make additional orders or judgments as necessary to restore money or other property acquired because of the violation. The bill provides a civil penalty of $5,000 to $15,000 per violation, with each performance constituting a separate violation, and authorizes the attorney general or prosecuting attorney to bring suit to recover the penalty.