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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. DEFINITION. In this chapter, "goods" has the |
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meaning assigned by Section 17.45. |
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Sec. 328.002. 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 goods |
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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 goods on the |
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Internet website or to the operator of the Internet website. |
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Sec. 328.003. 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, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 58 passed the Senate on |
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March 23, 2023, by the following vote: Yeas 26, Nays 5; and that |
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the Senate concurred in House amendment on May 11, 2023, by the |
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following vote: Yeas 25, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 58 passed the House, with |
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amendment, on May 6, 2023, by the following vote: Yeas 98, |
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Nays 36, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |