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By: Hegar |
S.B. No. 1166 |
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(In the Senate - Filed March 5, 2013; March 12, 2013, read |
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first time and referred to Committee on State Affairs; |
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April 24, 2013, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 6, Nays 3; April 24, 2013, |
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sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1166 |
By: Deuell |
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A BILL TO BE ENTITLED
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AN ACT
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relating to civil penalties under the Deceptive Trade |
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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. Subsection (c), Section 17.47, Business & |
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Commerce Code, is amended to read as follows: |
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(c) In addition to the request for a temporary restraining |
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order, or permanent injunction in a proceeding brought under |
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Subsection (a) of this section, the consumer protection division |
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may request, and the trier of fact may award, a civil penalty to be |
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paid to the state. The amount of the civil penalty under this |
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subsection shall be determined by the trier of fact and may be [in
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an amount of]: |
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(1) not more than: |
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(A) $10,000 [$20,000] per violation; or |
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(B) $20,000 per violation, if the trier of fact |
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finds that the person intentionally committed the violation; and |
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(2) if the act or practice that is the subject of the |
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proceeding was calculated to acquire or deprive money or other |
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property from a consumer who was 65 years of age or older when the |
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act or practice occurred, an additional amount of not more than |
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$250,000. |
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SECTION 2. The changes in law made by this Act apply only to |
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a violation of the Deceptive Trade Practices-Consumer Protection |
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Act that occurs on or after the effective date of this Act. A |
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violation of the Deceptive Trade Practices-Consumer Protection Act |
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that occurs before the effective date of this Act is governed by the |
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law in effect on the date the violation occurred, and the former law |
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is continued in effect for that purpose. For purposes of this |
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section, a violation occurs before the effective date of this Act if |
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any element of the violation occurs before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |
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