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79R5908 HLT-F

By:  West                                                         S.B. No. 542



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the attorney general to bring suit on 
behalf of individuals injured by unlawful practices in restraint of 
trade.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 15, Business & Commerce 
Code, is amended by adding Section 15.211 to read as follows:
	Sec. 15.211.  ATTORNEY GENERAL MAY BRING SUIT ON BEHALF OF 
INJURED PERSONS.  (a)  Subject to this section, the attorney general 
may bring suit under Section 15.21 of this Act on behalf of a 
governmental entity and, as parens patriae, on behalf of an 
individual residing in this state for damages incurred directly or 
indirectly because of a violation of Subsection (a), (b), or (c) of 
Section 15.05 of this Act.
	(b)  In any suit brought under Subsection (a), the attorney 
general shall:
		(1)  give notice of the suit by publication as directed 
by the court;  or
		(2)  give notice through any means necessary to afford 
due process of law to the affected individuals, as required by the 
court.
	(c)  An individual on whose behalf the attorney general 
brings suit may elect to exclude from adjudication the portion of 
damages attributable to the individual by filing notice of the 
individual's election with the court not later than the date 
specified in the notice provided under Subsection (b).
	(d)  An individual who does not comply with Subsection (c) 
may not file suit in the individual's own name for the injury 
alleged in the suit filed by the attorney general while that suit is 
pending.
	(e)  The final judgment in a suit filed by the attorney 
general on behalf of an individual who does not comply with 
Subsection (c) is res judicata as to any claim that could be brought 
by the individual based on the facts alleged or proven in the suit.
	(f)  The damages awarded in a suit brought by the attorney 
general on behalf of an individual shall be distributed to ensure 
that each individual has a reasonable opportunity to secure a fair 
share of the damages.
	(g)  In any suit in which claims are asserted against a 
defendant by both the attorney general on behalf of indirect 
purchasers and by direct purchasers, the court, on the defendant's 
motion, shall take all necessary steps to avoid duplicate liability 
for the same injury.
	SECTION 2.  The change in law made by this Act applies only 
to a suit arising out of an injury that an individual suffers on or 
after the effective date of this Act.  A suit arising out of an 
injury suffered by an individual before the effective date of this 
Act is governed by the law in effect at the time the individual 
suffered the injury, and the former law is continued in effect for 
that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.