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A BILL TO BE ENTITLED
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AN ACT
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relating to damages available to a consumer 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. Section 17.50, Business & Commerce Code, is |
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amended by adding Subsection (a-1) and amending Subsection (b) to |
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read as follows: |
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(a-1) A consumer seeking to recover damages under this |
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section in an individual action, class action, or other type of |
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action shall prove on an individual basis that the deceptive act or |
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practice for which damages are sought caused the consumer to enter |
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into a transaction that resulted in the damages. |
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(b) In a suit filed under this section, each consumer who |
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prevails may obtain: |
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(1) the amount of economic damages found by the trier |
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of fact, limited to an amount equal to the difference between the |
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amount paid by the consumer for the good or service and the actual |
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market value of the good or service that the consumer received. The |
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consumer has the burden of proving this amount of economic damages. |
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If the trier of fact finds that the conduct of the defendant was |
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committed knowingly, the consumer may also recover damages for |
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mental anguish, as found by the trier of fact, and the trier of fact |
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may award not more than three times the amount of economic damages; |
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or if the trier of fact finds the conduct was committed |
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intentionally, the consumer may recover damages for mental anguish, |
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as found by the trier of fact, and the trier of fact may award not |
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more than three times the amount of damages for mental anguish and |
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economic damages; |
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(2) an order enjoining such acts or failure to act; |
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(3) orders necessary to restore to any party to the |
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suit any money or property, real or personal, which may have been |
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acquired in violation of this subchapter; and |
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(4) any other relief which the court deems proper, |
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including the appointment of a receiver or the revocation of a |
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license or certificate authorizing a person to engage in business |
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in this state if the judgment has not been satisfied within three |
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months of the date of the final judgment. The court may not revoke |
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or suspend a license to do business in this state or appoint a |
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receiver to take over the affairs of a person who has failed to |
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satisfy a judgment if the person is a licensee of or regulated by a |
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state agency which has statutory authority to revoke or suspend a |
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license or to appoint a receiver or trustee. Costs and fees of such |
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receivership or other relief shall be assessed against the |
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defendant. |
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SECTION 2. The changes in law made by this Act apply only to |
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a cause of action filed on or after the effective date of this Act. |
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A cause of action filed before the effective date of this Act is |
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governed by the law in effect on the date the cause of action was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |