The bill amends the Business & Commerce Code to enhance the authority of county attorneys in prosecuting deceptive trade practices related to price gouging during declared disasters. Specifically, it 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, the bill clarifies that county attorneys are not required to seek permission from the consumer protection division to prosecute violations of this section, provided they give prior written notice as required by existing law.
Furthermore, the bill modifies Section 17.48(d) to explicitly state that county attorneys have the same prosecutorial rights as district attorneys regarding 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, ensuring that any actions that arose before this date will still be governed by the previous law. The Act is set to take effect immediately upon receiving a two-thirds vote from both houses 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)