79R7897 DWS-D

By:  Herrero                                                      H.B. No. 2513



A BILL TO BE ENTITLED

AN ACT

relating to redemption of certain consumer rebates; 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 35.43 to read as follows:
	Sec. 35.43.  REDEMPTION OF CONSUMER REBATES.  (a)  A person, 
including a manufacturer or retailer, may not offer, in connection 
with a sale of a good or service to a consumer, a rebate that:
		(1)  is not redeemable at the place and time of sale; or               
		(2)  requires the consumer to mail or otherwise submit 
a rebate request after the sale is completed to redeem the rebate.
	(b)  A person who violates Subsection (a)(1) or (2) is liable 
to the state for a civil penalty in an amount not to exceed two times 
the amount of the rebate involved in the 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 subsection.
	SECTION 2.  This Act takes effect September 1, 2005.