By: Zaffirini  S.B. No. 58
         (In the Senate - Filed November 14, 2022; February 15, 2023,
  read first time and referred to Committee on Business & Commerce;
  March 16, 2023, reported favorably by the following vote:  Yeas 11,
  Nays 0; March 16, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to prohibitions in connection with the online sale of
  goods.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 10, Business & Commerce Code,
  is amended by adding Chapter 328 to read as follows:
  CHAPTER 328. ONLINE SALE OF GOODS
         Sec. 328.001.  PROHIBITIONS CONCERNING SALE OF GOODS ONLINE.
  (a) For commercial purposes, a person may not sell, use, or cause
  to be used any technology, device, or software in the sale of a good
  on an Internet website that:
               (1)  functions as a bypass in the purchasing process;
               (2)  disguises the identity of the purchaser;
               (3)  permits the purchase of a quantity of goods in a
  number that exceeds the maximum number of goods that may be sold to
  one purchaser as specified by the seller or operator on the website;
               (4)  allows for the unauthorized access to or
  identification of gift card information, including gift card
  numbers and gift card personal identification numbers; or
               (5)  circumvents a security measure, access control
  system, or other control, authorization, or measure in the
  purchasing process.
         (b)  This section does not apply to the seller of the good on
  the Internet website or to the operator of the Internet website.
         Sec. 328.002.  ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION.
  (a) The attorney general may investigate a claim that a person
  violated this chapter.
         (b)  If the attorney general believes that a person is
  violating this chapter, the attorney general may bring an action in
  the name of the state to restrain or enjoin the person from
  violating this chapter.
         (c)  The attorney general is entitled to recover all
  reasonable costs of bringing an action under this section,
  including court costs, reasonable attorney's fees, and
  investigation costs.
         SECTION 2.  This Act takes effect September 1, 2023.
 
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