House Bill No. 3060 amends the Texas Free Enterprise and Antitrust Act of 1983 by adding new provisions that empower the attorney general to initiate civil actions on behalf of individuals or governmental entities for damages caused by violations of specific antitrust laws. The bill stipulates that the attorney general must notify the relevant governmental entity in writing before proceeding with such actions, allowing the entity to withdraw this authority within 30 days. If the attorney general prevails, they can recover actual damages, interest, and costs, including attorney's fees. Additionally, if the unlawful conduct is deemed willful or flagrant, the damages can be tripled, although interest on actual damages cannot be claimed in such cases.
The bill also defines "governmental entity" to include various state and local authorities, ensuring clarity on who can be represented in these actions. The provisions added by this bill will only apply to causes of action that accrue on or after its effective date of September 1, 2025. This legislative change aims to enhance the enforcement of antitrust laws and provide better protection for businesses and governmental entities affected by unfair practices.
Statutes affected: Introduced: Commerce Code 15.21 (Commerce Code 15)