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