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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation and enforcement of the Deceptive |
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Trade Practices-Consumer Protection Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 17.49(f) and (g), Business & Commerce |
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Code, are amended to read as follows: |
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(f) A consumer may not bring an action under Section 17.50 |
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for [Nothing in the subchapter shall apply to] a claim arising out |
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of a written contract if: |
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(1) the contract relates to a transaction, a project, |
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or a set of transactions related to the same project involving total |
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consideration by the consumer of more than $100,000; |
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(2) in negotiating the contract the consumer is |
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represented by legal counsel who is not directly or indirectly |
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identified, suggested, or selected by the defendant or an agent of |
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the defendant; and |
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(3) the contract does not involve the consumer's |
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residence. |
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(g) A consumer may not bring an [Nothing in this subchapter |
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shall apply to a cause of] action under Section 17.50 for a claim |
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arising from a transaction, a project, or a set of transactions |
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relating to the same project, involving total consideration by the |
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consumer of more than $500,000, other than a cause of action |
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involving a consumer's residence. |
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SECTION 2. Section 17.60, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 17.60. REPORTS AND EXAMINATIONS. (a) Whenever the |
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consumer protection division has reason to believe that a person is |
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engaging in, has engaged in, or is about to engage in any act or |
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practice declared to be unlawful by this subchapter, or when it |
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reasonably believes it to be in the public interest to conduct an |
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investigation to ascertain whether any person is engaging in, has |
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engaged in, or is about to engage in any such act or practice, an |
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authorized member of the division may: |
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(1) require the person to file on the prescribed forms |
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a statement or report in writing, under oath or otherwise, as to all |
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the facts and circumstances concerning the alleged violation and |
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such other data and information as the consumer protection division |
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deems necessary; |
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(2) examine under oath any person in connection with |
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this alleged violation; |
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(3) examine any merchandise or sample of merchandise |
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deemed necessary and proper; and |
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(4) pursuant to an order of the appropriate court, |
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impound any sample of merchandise that is produced in accordance |
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with this subchapter and retain it in the possession of the division |
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until the completion of all proceedings in connection with which |
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the merchandise is produced. |
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(b) Unless ordered by a court for good cause, no sworn |
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testimony made under this section may be disclosed to any person |
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other than an authorized employee of the office of the attorney |
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general without the consent of the person who made the testimony. |
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The office of the attorney general shall prescribe reasonable terms |
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and conditions allowing for the disclosure of the sworn testimony |
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to an authorized representative of that person. The office of the |
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attorney general may use the sworn testimony as it determines |
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necessary in the enforcement of this subchapter, including |
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presentation before any court. Any testimony that contains trade |
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secrets may not be disclosed except with the approval of the court |
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in which the action is pending after adequate notice to the person |
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furnishing the material. |
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SECTION 3. This Act takes effect September 1, 2025. |