SRC-SLL S.B. 1007 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1007
By: Ellis
Jurisprudence
4-1-97
As Filed


DIGEST 

Currently, the consumer protection division of the attorney general's
office is authorized to seek a civil penalty of up to $2,000 per
violation, not to exceed a total of $10,000 in a deceptive trade practices
case.  Elderly citizens are often the target of deceptive trade practices
and fraudulent schemes.  The majority of elderly citizens are particularly
vulnerable to such practices due to physical limitations and low income.
This bill will increase the civil penalty for deceptive trade practices
against elderly consumers. 

PURPOSE

As proposed, S.B. 1007 increases the civil penalty for deceptive trade
practices against elderly consumers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 17.47(c), Business and Commerce Code, to
authorize the consumer protection division of the attorney general's
office, in a deceptive trade practices case, to request a civil penalty to
be paid to the state in an amount of not more than $10,000 per violation,
not to exceed a total of $100,000, if the consumer protection division
determines that the act or practice that is the subject of the proceeding
was calculated to acquire or deprive money or other property from a
consumer who was 60 years of age or older when the act or practice
occurred. 

SECTION 2. Makes application of this Act prospective.

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