By Hirschi, et al.                               H.B. No. 118

      75R1472 DWS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to increased civil penalties for deceptive trade practices

 1-3     against elderly consumers.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 17.47(c), Business & Commerce Code, is

 1-6     amended to read as follows:

 1-7           (c)  In addition to the request for a temporary restraining

 1-8     order, or permanent injunction in a proceeding brought under

 1-9     Subsection (a) of this section, the consumer protection division

1-10     may request a civil penalty to be paid to the state in an amount

1-11     of:

1-12                 (1)  not more than $2,000 per violation, not to exceed

1-13     a total of $10,000; or

1-14                 (2)  not more than $10,000 per violation, not to exceed

1-15     a total of $100,000, if the consumer protection division determines

1-16     that the act or practice that is the subject of the proceeding was

1-17     calculated to acquire or deprive money or other property from a

1-18     consumer who was 60 years of age or older when the act or practice

1-19     occurred [, to be paid to the state].

1-20           SECTION 2.  This Act applies only to a proceeding brought

1-21     under Section 17.47, Business & Commerce Code, on or after the

1-22     effective date of this Act.

1-23           SECTION 3.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

 2-2     constitutional rule requiring bills to be read on three several

 2-3     days in each house be suspended, and this rule is hereby suspended,

 2-4     and that this Act take effect and be in force from and after its

 2-5     passage, and it is so enacted.