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.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1007 passed the Senate on

         April 15, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1007 passed the House on

         May 14, 1997, by the following vote:  Yeas 139, Nays 0, one present

         not voting.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor