H.B. No. 4394 amends the Business & Commerce Code to enhance the jurisdiction of county attorneys in Texas regarding the prosecution of deceptive trade practices, specifically price gouging during declared disasters. The bill introduces a new provision that grants county attorneys concurrent jurisdiction with the attorney general to prosecute actions under Section 17.46(b)(27), which pertains to price gouging. Additionally, it clarifies that county attorneys are not required to obtain permission from the consumer protection division to prosecute violations of this section, provided they give prior written notice as required by existing law.

The bill also modifies Section 17.48(d) to ensure that the same exemption from obtaining permission applies to violations of Section 17.46(b)(27). The changes made by this Act will only apply to causes of action that accrue on or after its effective date, while those that accrued before will continue to be governed by the previous law. The Act is set to take effect immediately upon receiving a two-thirds vote from both houses of the legislature or on September 1, 2025, if such a vote is not achieved.

Statutes affected:
Introduced: Commerce Code 17.4625, Commerce Code 17.48 (Commerce Code 17)