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A BILL TO BE ENTITLED
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AN ACT
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relating to actions brought by the attorney general on behalf of |
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certain persons under the Texas Free Enterprise and Antitrust Act |
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of 1983. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.21, Business & Commerce Code, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) The attorney general may bring a civil action against a |
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person on behalf of an individual or governmental entity for injury |
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to that individual's or entity's business or property caused, |
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directly or indirectly, by the person's violation of Section |
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15.05(a), (b), or (c). An action under this subsection may be |
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brought in district court in Travis County, or in any county in this |
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state in which a named defendant resides, does business, or |
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maintains a principal office, or in which the individual or |
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governmental entity on whose behalf the action is brought resides |
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at the time of the cause of action or any part of the cause of action |
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accrues. If the attorney general prevails in an action under this |
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subsection, the attorney general shall recover actual damages |
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sustained by the individual or governmental entity, interest on |
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actual damages for the period beginning on the date of service of |
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the attorney general's pleading setting forth a claim under the |
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antitrust laws and ending on the date of judgment (the rate of such |
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interest to be in accordance with Texas law regarding postjudgment |
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interest rates and the amount of interest to be adjusted by the |
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court if it finds that the award of all or part of such interest is |
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unjust in the circumstances), and the cost of suit, including a |
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reasonable attorney's fee, and if applicable, expert witness fees; |
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provided, however, that if the trier of fact finds that the unlawful |
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conduct was willful or flagrant, the court shall increase the |
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recovery to threefold the damages sustained and the cost of suit, |
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including a reasonable attorney's fee and, if applicable, expert |
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witness fees; provided that interest on actual damages as |
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specified above may not be recovered when recovered damages are |
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increased threefold. In an action under this subsection in which a |
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claim is asserted against a defendant relating to injury to both |
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direct and indirect purchasers, the court shall take all steps |
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necessary to avoid duplicative recovery from that defendant. |
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(e) For purposes of this section, "governmental entity" |
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means: |
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(1) this state, including each department, board, |
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agency, instrumentality, authority, or commission of this state; |
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(2) a political subdivision of this state, including a |
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county, city, municipality, school district, local improvement |
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district, law enforcement authority, or special district, |
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including a water, sanitation, fire protection, metropolitan, |
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irrigation, drainage, or other special district; |
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(3) a municipal, quasi-municipal, or public |
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corporation organized under the Texas Constitution or other law; |
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and |
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(4) a department, board, agency, instrumentality, |
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authority, or commission of an entity described by Subdivision (2) |
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or (3). |
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SECTION 2. Sections 15.21(d) and (e), Business & Commerce |
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Code, as added by this Act, apply only to a cause of action that |
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accrues on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |