H.B. No. 5621 amends the Business & Commerce Code to enhance the jurisdiction of district and county attorneys in prosecuting consumer protection violations. The bill introduces new provisions that allow these attorneys to take action under specific sections (17.58, 17.60, 17.61, and 17.62) to the same extent as the consumer protection division. It also mandates that if a district or county attorney accepts an assurance of voluntary compliance, they must file it in the district court of the county where the alleged violator resides or conducts business. Additionally, the bill stipulates that if a district or county attorney serves a civil investigative demand, the related petition must be filed in the district court of the county where the parties reside.

Furthermore, the bill modifies existing language regarding the responsibilities of district and county attorneys, removing the requirement to assist the consumer protection division in prosecutions and allowing them to initiate actions independently under certain conditions. It also clarifies that a district or county attorney does not need permission from the consumer protection division to prosecute specific violations, provided they give prior written notice. The bill includes provisions for the handling of documentary materials during investigations and outlines the process for financial institutions to respond to record requests from government agencies, including district and county attorneys. The changes will apply only to causes of action that accrue after the bill's effective date.

Statutes affected:
Introduced: Commerce Code 17.48, Commerce Code 17.61, of the Texas Finance Code 59.006 (of the Texas Finance Code 59, Commerce Code 17)