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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction of county attorneys to prosecute the |
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deceptive trade practice of price gouging during a declared |
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disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 17.4625, Business & Commerce Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A county attorney has concurrent jurisdiction with the |
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attorney general to prosecute an action under Section 17.46(b)(27). |
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SECTION 2. Section 17.48(d), Business & Commerce Code, is |
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amended to read as follows: |
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(d) A district or county attorney is not required to obtain |
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the permission of the consumer protection division to prosecute an |
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action under this subchapter for a violation of Section |
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17.46(b)(28), if the district or county attorney provides prior |
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written notice to the division as required by Subsection (b). A |
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county attorney is not required to obtain the permission of the |
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consumer protection division to prosecute an action under this |
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subchapter for a violation of Section 17.46(b)(27), if the county |
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attorney provides prior written notice to the division as required |
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by Subsection (b). |
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SECTION 3. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |