1-1 By: Truan S.B. No. 1277
1-2 (In the Senate - Filed March 17, 1993; March 18, 1993, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 21 1993, reported favorably by the following vote: Yeas 8,
1-5 Nays 0; April 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Parker x
1-9 Lucio x
1-10 Ellis x
1-11 Haley x
1-12 Harris of Dallas x
1-13 Harris of Tarrant x
1-14 Leedom x
1-15 Madla x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to increased civil penalties for deceptive and fraudulent
1-22 practices against elderly consumers.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subsection (c), Article 17.47, Business &
1-25 Commerce Code, is amended to read as follows:
1-26 (c) In addition to the request for a temporary restraining
1-27 order, or permanent injunction in a proceeding brought under
1-28 Subsection (a) of this section, the consumer protection division
1-29 may request a civil penalty of not more than $2,000 per violation,
1-30 not to exceed a total of $10,000, to be paid to the state;
1-31 provided, however, that if the proceeding brought under Subsection
1-32 (a) of this section pertains to an action brought by a person who
1-33 is 60 years or older, the civil penalties authorized under this
1-34 subsection may not be more than $10,000 per violation, not to
1-35 exceed a total of $100,000, to be paid to the state.
1-36 SECTION 2. The importance of this legislation and the
1-37 crowded condition of the calendars in both houses create an
1-38 emergency and an imperative public necessity that the
1-39 constitutional rule requiring bills to be read on three several
1-40 days in each house be suspended, and this rule is hereby suspended,
1-41 and that this Act take effect and be in force from and after its
1-42 passage, and it is so enacted.
1-43 * * * * *
1-44 Austin,
1-45 Texas
1-46 April 21, 1993
1-47 Hon. Bob Bullock
1-48 President of the Senate
1-49 Sir:
1-50 We, your Committee on Economic Development to which was referred
1-51 S.B. No. 1277, have had the same under consideration, and I am
1-52 instructed to report it back to the Senate with the recommendation
1-53 that it do pass and be printed.
1-54 Lucio,
1-55 Vice-Chairman
1-56 * * * * *
1-57 WITNESSES
1-58 FOR AGAINST ON
1-59 ___________________________________________________________________
1-60 Name: Jack Ratkovic x
1-61 Representing: Tx Silver Haired Legislature
1-62 City: Corpus Christi
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1-64 Name: John W. Holtermann x
1-65 Representing: Tx Silver Haired Legislature
1-66 City: San Marcos
1-67 -------------------------------------------------------------------
1-68 Name: Elizabeth Little x
2-1 Representing: AARP
2-2 City: Austin
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2-4 Name: Bill McCaffrey x
2-5 Representing: Tx Silver Haired Legislature
2-6 City: Temple
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2-8 Name: Phill Parmer x
2-9 Representing: Tx Silver Haired Legislature
2-10 City: Sunrise Beach
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2-12 Name: Paula Johnson x
2-13 Representing: Tx Dept. on Aging Board
2-14 City: Austin
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2-16 Name: Erwin Lenet x
2-17 Representing: Tx Silver Haired Legislature
2-18 City: Dallas
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