KJG H.B. 118 75(R)BILL ANALYSIS


CIVIL PRACTICES
H.B. 118
By: Hirschi
3-6-97
Committee Report (Unamended)



BACKGROUND 

Elderly citizens are often the target of deceptive trade practices and
fraudulent schemes throughout Texas.  The majority of elderly Texans are
particularly vulnerable to thieves and illegal scams due to physical
limitations and low income. An increase in penalties for extortion crimes
against the elderly may discourage criminal acts against older Texans. 

PURPOSE

To deter and prevent the continuing practice of deceptive and fraudulent
acts against the elderly by increasing the civil penalties levied against
an individual or commercial enterprise found guilty of violating the
Deceptive Trade Practices and the Consumer Protection Act when the injured
party is 60 years or older. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 17.47(c), Business and Commerce Code, as follows:

  (c) increases the civil penalties to not more than $10,000 per
violation, not to exceed a total of $100,000  if the action is brought by
a person who is 60 years or older. 

SECTION 2. Provides that this act applies only to actions brought on or
after the effective date. 

SECTION 3. Emergency Clause.
  Effective date: upon passage.