|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the prices of fruits and vegetables during a declared |
|
disaster; creating a criminal offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
|
amended by adding Chapter 113 to read as follows: |
|
CHAPTER 113. PRICING OF FRUITS AND VEGETABLES DURING DECLARED |
|
DISASTER |
|
Sec. 113.001. DEFINITIONS. In this chapter: |
|
(1) "Declared disaster" means: |
|
(A) a disaster declared by the president of the |
|
United States, if any part of this state is named in the federally |
|
designated disaster area; |
|
(B) a state of disaster declared by the governor |
|
under Section 418.014, Government Code; or |
|
(C) a local state of disaster declared by the |
|
presiding officer of the governing body of a political subdivision |
|
under Section 418.108, Government Code. |
|
(2) "Declared disaster period" means the period during |
|
which an area of this state is subject to: |
|
(A) a declaration of a state of disaster under |
|
Section 418.014 or 418.108, Government Code; or |
|
(B) a declaration of the disaster by the |
|
president of the United States described by Subdivision (1)(A). |
|
(3) "Fruit or vegetable" includes any variety of |
|
fresh, canned, dried, or frozen whole or cut fruits or vegetables. |
|
Sec. 113.002. PRICES CONSIDERED EXORBITANT OR EXCESSIVE. |
|
For purposes of this chapter, the price of a fruit or vegetable is |
|
considered exorbitant or excessive if the price, when compared with |
|
the price of the fruit or vegetable on the seventh day before a |
|
declared disaster begins, has increased by 100 percent. |
|
Sec. 113.003. EXORBITANT OR EXCESSIVE PRICES PROHIBITED |
|
DURING DECLARED DISASTER PERIOD; OFFENSE. (a) A merchant may not, |
|
in any area of this state subject to the disaster declaration, take |
|
any of the following actions during a declared disaster period with |
|
the intent to take advantage of the disaster: |
|
(1) sell a fruit or vegetable at an exorbitant or |
|
excessive price; or |
|
(2) demand an exorbitant or excessive price for a |
|
fruit or vegetable. |
|
(b) A merchant who violates this section commits an offense. |
|
Each day a violation continues constitutes a separate offense. |
|
(c) An offense under this section is a Class A misdemeanor. |
|
(d) A violation of this chapter constitutes a separate |
|
violation from any violation of Section 17.46(b)(27). |
|
SECTION 2. (a) The change in law made by this Act applies |
|
only to an offense committed on or after the effective date of this |
|
Act. For purposes of this section, an offense is committed before |
|
the effective date of this Act if any element of the offense occurs |
|
before the effective date. |
|
(b) An offense committed before the effective date of this |
|
Act is governed by the law in effect on the date the offense was |
|
committed, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 3. This Act takes effect September 1, 2021. |