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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of an entity name that falsely implies |
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governmental affiliation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 150C to read as follows: |
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CHAPTER 150C. ENTITY NAME FALSELY IMPLYING GOVERNMENTAL |
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AFFILIATION |
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Sec. 150C.001. DEFINITION. In this chapter, "governmental |
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unit" has the meaning assigned by Section 101.001. |
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Sec. 150C.002. FALSELY IMPLYING GOVERNMENTAL AFFILIATION. |
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(a) A governmental unit is entitled to enjoin another person's use |
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of an entity name that might falsely imply governmental affiliation |
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with the governmental unit. |
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(b) In an action brought under this section, the |
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governmental unit is entitled to injunctive relief throughout the |
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state. |
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(c) If the court finds that the person against whom the |
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injunctive relief is sought wilfully intended to imply governmental |
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affiliation with the governmental unit, the court, in the court's |
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discretion, may: |
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(1) enter judgment in an amount not to exceed three |
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times the amount of the entity's profits and the governmental unit's |
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damages; and |
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(2) award reasonable attorney's fees to the |
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governmental unit. |
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SECTION 2. This Act takes effect September 1, 2021. |