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AN ACT
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relating to the amount of civil penalties the attorney general may |
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seek to recover under the Deceptive Trade Practices-Consumer |
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Protection Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 17.47(c), Business & Commerce Code, is |
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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 in an amount of: |
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(1) not more than $10,000 [$20,000] per 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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an action filed by the consumer protection division under Section |
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17.47, Business & Commerce Code, on or after the effective date of |
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this Act. An action filed by the consumer protection division under |
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Section 17.47, Business & Commerce Code, before the effective date |
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of this Act is governed by the law in effect on the date the action |
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is filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2140 passed the Senate on |
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April 17, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2140 passed the House on |
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May 14, 2019, by the following vote: Yeas 134, Nays 5, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |