Honorable Helen Giddings, Chair, House Committee on Business & Industry
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB1639 by Eiland (relating to the authority of the attorney general to bring suit on behalf of individuals injured by unlawful practices in restraint of trade. ), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would give the Attorney General authority to bring suit on behalf of a governmental entity and on behalf of injured persons residing in this state for damages incurred directly or indirectly because of a violation of restraint of trade. This bill would take effect immediately if it receives a vote of two-thirds of all the members elected to each house, otherwise it takes effect on September 1, 2005.
The proposed legislation will likely result in new complaints, investigations and cases by the Office of the Attorney General, however it is projected that this increase could be absorbed by current resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated. The bill would impose no additional expense on local government. The Attorney General is authorized to represent local governments for antitrust violations under the Texas Free Enterprise and Antitrust Act (TFEAA). It is anticipated that this bill would increase monetary recoveries on behalf of local governments, although the extent of such additional recovery is currently unknown.