88(R) SB 58 - Enrolled version - Bill Text

	S.B.  No.  58

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