| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibitions in connection with certain sales of |
|
|
clothing on an Internet website or software application; providing |
|
|
a civil penalty. |
|
|
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 330 to read as follows: |
|
|
CHAPTER 330. ONLINE SALE OF CLOTHING |
|
|
Sec. 330.001. DEFINITIONS. In this chapter: |
|
|
(1) "Bot" means any automated software program that |
|
|
performs automatic and repetitive tasks and is designed to |
|
|
impersonate or replicate human activity online. The term does not |
|
|
include software designed to store and manage passwords or |
|
|
automatically fill editable fields on an Internet website or |
|
|
software application. |
|
|
(2) "Clothing" means worn apparel for human use. The |
|
|
term includes shoes. |
|
|
Sec. 330.002. PROHIBITION ON USE OR CREATION OF BOTS TO |
|
|
ENGAGE IN CERTAIN CLOTHING PURCHASES. A person may not use or |
|
|
create a bot to: |
|
|
(1) purchase clothing on an Internet website or |
|
|
through a software application; |
|
|
(2) use multiple Internet Protocol (IP) addresses, |
|
|
multiple purchaser accounts, or multiple e-mail addresses to |
|
|
purchase clothing on an Internet website or through a software |
|
|
application; |
|
|
(3) circumvent or disable a randomized customer |
|
|
selection system or other sales volume limitation system associated |
|
|
with the sale of clothing on an Internet website or through a |
|
|
software application; or |
|
|
(4) circumvent or disable a security measure, access |
|
|
control system, or other control or measure that is used to |
|
|
facilitate the sale of clothing on an Internet website or through a |
|
|
software application. |
|
|
Sec. 330.003. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION; |
|
|
CIVIL PENALTY. (a) The attorney general may investigate a claim |
|
|
that a person violated this chapter. |
|
|
(b) If the attorney general concludes that a person has |
|
|
violated this chapter, the attorney general may bring an action in |
|
|
the name of the state to restrain or enjoin the person from further |
|
|
violating this chapter. |
|
|
(c) In addition to bringing an action for injunctive relief |
|
|
under this chapter, the attorney general may seek restitution and |
|
|
petition a district court for the assessment of a civil penalty as |
|
|
provided by this section. |
|
|
(d) A person who knowingly violates Section 330.002 is |
|
|
liable for a civil penalty of not more than $5,000 for each |
|
|
violation. |
|
|
(e) Every clothing purchase in violation of Section 330.002 |
|
|
constitutes a separate violation for purposes of assessing a civil |
|
|
penalty. |
|
|
(f) The civil penalty for a violation of a court order or |
|
|
injunction issued to enforce this section may not exceed $50,000. |
|
|
(g) The attorney general may recover all reasonable costs of |
|
|
bringing an action under this section, including court costs, |
|
|
reasonable attorney's fees, and investigation costs. |
|
|
SECTION 2. Section 330.002, Business & Commerce Code, as |
|
|
added by this Act, applies only to a purchase that occurs on or |
|
|
after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |