89S10624 SRA-D
 
  By: Simmons H.B. No. 278
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the revocation of certain licenses of persons found to
  have engaged in price gouging during a declared disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 17, Business & Commerce
  Code, is amended by adding Section 17.4626 to read as follows:
         Sec. 17.4626.  NOTICE TO LICENSING AUTHORITY; REVOCATION OF
  CERTAIN LICENSES. (a)  In this section:
               (1)  "License" means a license, certificate,
  registration, permit, or other authorization that:
                     (A)  is issued by a licensing authority;
                     (B)  is subject before expiration to renewal,
  suspension, revocation, forfeiture, or termination by a licensing
  authority; and
                     (C)  a person must obtain to practice or engage in
  a particular business or other regulated commercial activity for
  which a license or permit is required.
               (2)  "Licensing authority" means the Texas Department
  of Agriculture or the Texas Department of Licensing and Regulation.
         (b)  Not later than the 30th day after the date the attorney
  general prevails in an action against a person under Section 17.47
  or a consumer prevails in an action against a person under Section
  17.50 for an act described by Section 17.46(b)(27), the attorney
  general or appropriate court shall provide notice to each licensing
  authority with regulatory authority over licensing the person to
  engage in the business that performed the act described by Section
  17.46(b)(27).  If authorized under applicable law, the licensing
  authority shall revoke the person's license through the applicable
  revocation process.
         (c)  Not later than the 30th day after the date the attorney
  general prevails in a second action against a person under Section
  17.47 or a consumer prevails in a second action against a person
  under Section 17.50 for an act described by Section 17.46(b)(27),
  the attorney general or appropriate court shall provide notice to
  each licensing authority with regulatory authority over licensing
  the person. If authorized under applicable law, the licensing
  authority shall revoke any license the person holds through the
  applicable revocation process.
         SECTION 2.  This Act takes effect on the 91st day after the
  last day of the legislative session.