|
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) The attorney general may bring suit under |
|
Section 15.21(a) 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 |
|
Section 15.05(a), (b), or (c). |
|
(b) In any suit brought by the attorney general as parens |
|
patriae under Subsection (a): |
|
(1) the attorney general shall give the best |
|
practicable notice through any means necessary to give due process |
|
of law to the affected individuals, as required by the court, and |
|
shall include in the notice the date by which the individual must |
|
elect to be excluded from the suit under Subdivision (2); |
|
(2) an individual on whose behalf the attorney general |
|
brings suit may elect to be excluded from the suit by filing, not |
|
later than the date specified in the notice provided under |
|
Subdivision (1): |
|
(A) notice of the individual's election with the |
|
court; or |
|
(B) a separate action in a district court in |
|
Travis County or a district court in the county in which the |
|
attorney general's suit is pending; |
|
(3) the final judgment is res judicata for the matters |
|
alleged or proven in the suit as to any claim under this Act on |
|
behalf of an individual: |
|
(A) on whose behalf the attorney general brought |
|
the action; and |
|
(B) who fails to comply with Subdivision (2); and |
|
(4) the damages awarded shall be distributed to ensure |
|
that each individual has a reasonable opportunity to secure a fair |
|
share of the damages. |
|
(c) If claims based on substantially the same conduct are |
|
asserted against a defendant by the attorney general on behalf of |
|
indirect purchasers and by direct purchasers, the court shall avoid |
|
imposing duplicate damages for the same injury. |
|
(d) The right to sue under Subsection (a) applies only to |
|
the attorney general and does not create or abolish a right of |
|
another person, including another governmental entity, to sue on |
|
its own behalf for damages incurred indirectly because of a |
|
violation of Section 15.05(a), (b), or (c). |
|
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, 2007. |