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A BILL TO BE ENTITLED
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AN ACT
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relating to commencement and prosecution of certain actions by and |
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to investigations conducted by district and county attorneys under |
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the Deceptive 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 17.463 to read as follows: |
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Sec. 17.463. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION |
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OF CERTAIN SYNTHETIC SUBSTANCES. (a) This section applies only to |
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an act described by Section 17.46(b)(31). |
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(b) Subject to Subsection (e) and except as otherwise |
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provided by this section, an act to which this section applies is |
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subject to action by a district or county attorney under Sections |
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17.47, 17.58, 17.60, and 17.61 to the same extent as the act is |
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subject to action by the consumer protection division under those |
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sections. |
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(c) If a district or county attorney, under the authority of |
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this section, accepts assurance of voluntary compliance under |
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Section 17.58, the district or county attorney must file the |
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assurance of voluntary compliance in the district court in the |
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county in which the alleged violator resides or does business. |
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(d) If a district or county attorney, under the authority of |
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this section, executes and serves a civil investigative demand and |
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files a petition described by Section 17.61(g), the petition must |
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be filed in the district court in the county where the parties |
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reside. |
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(e) A district or county attorney may act under this section |
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so long as the consumer protection division does not intend to act |
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with respect to that matter. |
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(f) Notwithstanding any other law, in an action brought by a |
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district or county attorney under this section, all settlements or |
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penalties collected by the district or county attorney shall be |
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divided between the state and the county in which the attorney |
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brought suit, with: |
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(1) 50 percent of the amount collected paid to the |
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comptroller for deposit to the credit of the basic civil legal |
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services account established by Section 51.943, Government Code; |
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and |
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(2) 50 percent of the amount collected paid to the |
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county. |
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SECTION 2. Subchapter E, Chapter 17, Business & Commerce |
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Code, is amended by adding Section 17.463 to read as follows: |
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|
Sec. 17.463. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION |
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|
OF CERTAIN SYNTHETIC SUBSTANCES. (a) This section applies only to |
|
|
an act described by Section 17.46(b)(30). |
|
|
(b) Subject to Subsection (e) and except as otherwise |
|
|
provided by this section, an act to which this section applies is |
|
|
subject to action by a district or county attorney under Sections |
|
|
17.47, 17.58, 17.60, and 17.61 to the same extent as the act is |
|
|
subject to action by the consumer protection division under those |
|
|
sections. |
|
|
(c) If a district or county attorney, under the authority of |
|
|
this section, accepts assurance of voluntary compliance under |
|
|
Section 17.58, the district or county attorney must file the |
|
|
assurance of voluntary compliance in the district court in the |
|
|
county in which the alleged violator resides or does business. |
|
|
(d) If a district or county attorney, under the authority of |
|
|
this section, executes and serves a civil investigative demand and |
|
|
files a petition described by Section 17.61(g), the petition must |
|
|
be filed in the district court in the county where the parties |
|
|
reside. |
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|
(e) A district or county attorney may act under this section |
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|
so long as the consumer protection division does not intend to act |
|
|
with respect to that matter. |
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|
(f) Notwithstanding any other law, in an action brought by a |
|
|
district or county attorney under this section, all settlements or |
|
|
penalties collected by the district or county attorney shall be |
|
|
divided between the state and the county in which the attorney |
|
|
brought suit, with: |
|
|
(1) 50 percent of the amount collected paid to the |
|
|
comptroller for deposit to the credit of the basic civil legal |
|
|
services account established by Section 51.943, Government Code; |
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and |
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(2) 50 percent of the amount collected paid to the |
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county. |
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SECTION 3. This Act applies only to conduct that occurs on |
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or after the effective date of this Act. |
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SECTION 4. (a) Section 1 of this Act takes effect only if |
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the Act of the 85th Legislature, Regular Session, 2017, relating to |
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nonsubstantive additions to and corrections in enacted codes |
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becomes law. |
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(b) Section 2 of this Act takes effect only if the Act of the |
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85th Legislature, Regular Session, 2017, relating to |
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nonsubstantive additions to and corrections in enacted codes does |
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not become law. |
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SECTION 5. This Act takes effect September 1, 2017. |