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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibited resale of infant formula purchased at |
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retail; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Health and Safety Code, is |
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amended by adding Chapter 444 to read as follows: |
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CHAPTER 444. RESALE OF INFANT FORMULA PURCHASED AT RETAIL |
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Sec. 444.001. DEFINITION. In this chapter, "infant |
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formula" has the meaning assigned by Section 431.002. |
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Sec. 444.002. PROHIBITION ON RESELLING INFANT FORMULA |
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PURCHASED AT RETAIL. A person who purchases infant formula at |
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retail, including at a retail establishment or from an online |
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retail seller, may not resell the infant formula for profit. |
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Sec. 444.003. CIVIL PENALTY. (a) At the request of the |
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department, the attorney general or a district, county, or |
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municipal attorney shall institute an action in district court to |
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collect a civil penalty for a violation of Section 444.002. |
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(b) The civil penalty may not exceed: |
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(1) $5,000 for the first violation; and |
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(2) $10,000 for each subsequent violation. |
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(c) The attorney general or district, county, or municipal |
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attorney may recover reasonable attorney's fees and expenses and |
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court costs incurred in recovering a civil penalty under this |
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section. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |