By: Ellis S.B. No. 1007
A BILL TO BE ENTITLED
AN ACT
1-1 relating to increased civil penalties for deceptive trade practices
1-2 against elderly consumers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (c), Section 17.47, Business &
1-5 Commerce Code, is amended to read as follows:
1-6 (c) In addition to the request for a temporary restraining
1-7 order, or permanent injunction in a proceeding brought under
1-8 Subsection (a) of this section, the consumer protection division
1-9 may request a civil penalty to be paid to the state in an amount
1-10 of:
1-11 (1) not more than $2,000 per violation, not to exceed
1-12 a total of $10,000; or
1-13 (2) not more than $10,000 per violation, not to exceed
1-14 a total of $100,000, if the consumer protection division determines
1-15 that the act or practice that is the subject of the proceeding was
1-16 calculated to acquire or deprive money or other property from a
1-17 consumer who was 65 years of age or older when the act or practice
1-18 occurred[, to be paid to the state].
1-19 SECTION 2. This Act applies only to a proceeding brought
1-20 under Section 17.47, Business & Commerce Code, on or after the
1-21 effective date of this Act.
1-22 SECTION 3. The importance of this legislation and the
1-23 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.