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By: Capriglione (Senate Sponsor - Zaffirini) |
H.B. No. 3745 |
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(In the Senate - Received from the House April 27, 2021; |
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May 10, 2021, read first time and referred to Committee on Business & |
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Commerce; May 21, 2021, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 9, Nays 0; |
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May 21, 2021, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 3745 |
By: Hancock |
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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions in connection with the online sale of |
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goods. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 10, Business & Commerce Code, |
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is amended by adding Chapter 328 to read as follows: |
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CHAPTER 328. ONLINE SALE OF GOODS |
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Sec. 328.001. PROHIBITIONS CONCERNING SALE OF GOODS ONLINE. |
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(a) For commercial purposes, a person may not sell, use, or cause |
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to be used any technology, device, or software in the sale of a good |
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on an Internet website that: |
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(1) functions as a bypass in the purchasing process; |
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(2) disguises the identity of the purchaser; |
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(3) permits the purchase of a quantity of goods in a |
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number that exceeds the maximum number of goods that may be sold to |
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one purchaser as specified by the seller or operator on the website; |
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(4) allows for the unauthorized access to or |
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identification of gift card information, including gift card |
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numbers and gift card personal identification numbers; or |
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(5) circumvents a security measure, access control |
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system, or other control, authorization, or measure in the |
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purchasing process. |
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(b) This section does not apply to the seller of the good on |
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the Internet website or to the operator of the Internet website. |
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Sec. 328.002. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION. |
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(a) The attorney general may investigate a claim that a person |
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violated this chapter. |
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(b) If the attorney general believes that a person is |
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violating this chapter, the attorney general may bring an action in |
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the name of the state to restrain or enjoin the person from |
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violating this chapter. |
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(c) The attorney general is entitled to recover all |
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reasonable costs of bringing an action under this section, |
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including court costs, reasonable attorney's fees, and |
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investigation costs. |
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SECTION 2. This Act takes effect September 1, 2021. |
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