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A BILL TO BE ENTITLED
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AN ACT
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relating to the survival of actions brought under the Deceptive |
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Trade Practices--Consumer Protection Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 17, Business & Commerce |
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Code, is amended by adding Section 17.51 to read as follows: |
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Sec. 17.51. SURVIVAL OF CAUSE OF ACTION. (a) A cause of |
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action under this chapter does not abate because of the death of the |
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consumer or because of the death of a person liable for the false, |
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deceptive, or misleading act or practice that is the basis of the |
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cause of action. |
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(b) A cause of action under this chapter survives to and in |
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favor of the heirs, legal representatives, and estate of the |
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consumer. The action survives against the liable person and the |
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person's legal representatives. |
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(c) The suit may be instituted and prosecuted as if the |
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liable person were alive. |
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SECTION 2. This Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. An action that |
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accrued before the effective date of this Act is governed by the law |
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applicable to the action immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |