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A BILL TO BE ENTITLED
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AN ACT
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relating to the prices of certain consumer goods and services |
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during a declared state of disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, as |
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effective April 1, 2009, is amended by adding Chapter 106 to read as |
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follows: |
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CHAPTER 106. PRICING OF CERTAIN CONSUMER GOODS AND SERVICES DURING |
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DECLARED STATE OF DISASTER |
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Sec. 106.001. DEFINITIONS. In this chapter: |
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(1) "Designated disaster area" means the geographical |
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area of this state subject to a declaration of a state of disaster |
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under Section 418.014, Government Code. |
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(2) "Disaster" has the meaning assigned by Section |
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418.004, Government Code. |
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(3) "Essential consumer good or service" means a good |
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or service that is: |
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(A) purchased or provided primarily for |
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personal, family, or household purposes; and |
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(B) necessary for the health, safety, or welfare |
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of a consumer. |
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Sec. 106.002. EXECUTIVE ORDER TO FREEZE CERTAIN PRICES |
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DURING DECLARED DISASTER. (a) During the time a state of disaster |
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is in effect under Section 418.014, Government Code, the governor |
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may implement this section by executive order if the governor |
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determines that it is necessary to prevent persons from taking |
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advantage of consumers by charging exorbitant or excessive prices |
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for essential consumer goods or services that are not readily |
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available as a result of a disaster. |
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(b) A merchant or wholesaler may not sell or offer to sell an |
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essential consumer good or service in a designated disaster area at |
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a price that is in excess of the price at which the good or service |
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was sold or offered for sale by the merchant or wholesaler in the |
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usual course of business, or was readily obtainable by consumers in |
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the trade area, immediately before the date specified in the |
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executive order, which may not be earlier than the date the governor |
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declared a state of disaster under Section 418.014, Government |
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Code. |
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(c) The governor may restrict the price freeze provided |
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under Subsection (b) to particular categories of essential consumer |
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goods or services by specifically identifying in the executive |
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order issued under this section the categories of essential |
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consumer goods or services to which the price freeze applies. |
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(d) A violation of this section is a deceptive trade |
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practice under Subchapter E, Chapter 17, and constitutes a |
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violation separate from any violation of Section 17.46(b)(27). |
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Sec. 106.003. PUBLICATION OF EXECUTIVE ORDER. The governor |
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shall publish the executive order: |
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(1) on the office of the governor's Internet website; |
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and |
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(2) in any other manner the governor considers |
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adequate to give notice to persons in the designated disaster area. |
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Sec. 106.004. TERMINATION OF EXECUTIVE ORDER. Unless |
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terminated on an earlier date by the governor, an executive order |
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issued under this section automatically terminates on the date a |
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declared state of disaster is terminated under Section 418.014, |
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Government Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |