79R4445 CLG-D

By:  Solomons                                                     H.B. No. 853



A BILL TO BE ENTITLED

AN ACT

relating to the return of merchandise; providing a civil penalty.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 35, Business & Commerce 
Code, is amended by adding Section 35.581 to read as follows:
	Sec. 35.581.  COLLECTION OF IDENTIFYING INFORMATION FOR 
RETURN OF MERCHANDISE.  (a)  A merchant who requires a consumer 
returning an item of merchandise to provide the consumer's driver's 
license or social security number may use the number or numbers 
provided by the consumer for identification purposes only.
	(b)  A merchant may not disclose a consumer's driver's 
license or social security number to a person who will use the 
information in a manner that results in the compilation or tracking 
of information regarding merchandise returned by consumers, 
including the frequency with which a particular consumer returns 
merchandise.
	(c)  A person who violates this section is liable to the 
state for a civil penalty in an amount not to exceed $500 for each 
violation.  The attorney general or the prosecuting attorney in the 
county in which the violation occurs may bring suit to recover the 
civil penalty imposed under this section.
	(d)  The attorney general may bring an action in the name of 
the state to restrain or enjoin a person from violating this 
section.
	SECTION 2.  Section 35.581, Business & Commerce Code, as 
added by this Act, applies only to an item of merchandise that is 
returned on or after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.