By: Giddings (Senate Sponsor - West) H.B. No. 2128
         (In the Senate - Received from the House May 18, 2009;
  May 19, 2009, read first time and referred to Committee on Business
  and Commerce; May 22, 2009, reported favorably by the following
  vote:  Yeas 9, Nays 0; May 22, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the enforcement of regulations regarding the sale of
  plastic bulk merchandise containers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 35.63, Business & Commerce Code, as
  added by Chapter 307, Acts of the 80th Legislature, Regular
  Session, 2007, is amended by amending Subsection (f) and adding
  Subsection (g) to read as follows:
         (f)  The attorney general or appropriate prosecuting
  attorney may:
               (1)  investigate an alleged violation of this section;
  and
               (2)  sue to collect a civil penalty under this section.
         (g)  The attorney general or appropriate prosecuting
  attorney may recover reasonable expenses, including court costs,
  attorney's fees, investigative costs, witness fees, and deposition
  expenses, incurred in recovering a civil penalty under this
  section.
         SECTION 2.  Section 204.004, Business & Commerce Code, as
  effective September 1, 2009, is amended to read as follows:
         Sec. 204.004.  INVESTIGATIVE AND ENFORCEMENT AUTHORITY [OF
  CIVIL PENALTY]. (a) The attorney general or appropriate
  prosecuting attorney may:
               (1)  investigate an alleged violation of this chapter;
  and
               (2)  sue to collect a civil penalty under this chapter.
         (b)  The attorney general or appropriate prosecuting
  attorney may recover reasonable expenses, including court costs,
  attorney's fees, investigative costs, witness fees, and deposition
  expenses, incurred in recovering a civil penalty under this
  section.
         SECTION 3.  (a)  Section 1 of this Act takes effect only if
  the Act of the 81st Legislature, Regular Session, 2009, relating to
  nonsubstantive additions to and corrections in existing codes does
  not become law.  If the Act of the 81st Legislature, Regular
  Session, 2009, relating to nonsubstantive additions to and
  corrections in existing codes becomes law, Section 1 of this Act has
  no effect.
         (b)  Section 2 of this Act takes effect only if the Act of the
  81st Legislature, Regular Session, 2009, relating to
  nonsubstantive additions to and corrections in existing codes
  becomes law.  If the Act of the 81st Legislature, Regular Session,
  2009, relating to nonsubstantive additions to and corrections in
  existing codes does not become law, Section 2 of this Act has no
  effect.
         SECTION 4.  This Act takes effect September 1, 2009.
 
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