H.B. No. 5621 amends the Business & Commerce Code to clarify the jurisdiction of district and county attorneys in prosecuting consumer protection violations. The bill introduces new provisions that allow district and county attorneys to take action on certain consumer protection violations to the same extent as the consumer protection division. Specifically, it 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, it stipulates that any civil investigative demands and related petitions must also be filed in the appropriate district court based on the residency of the parties involved.

The bill also modifies existing language regarding the responsibilities of district and county attorneys, removing the requirement for them to assist the consumer protection division upon request. It allows these attorneys to initiate and prosecute actions under Section 17.47 without prior permission from the consumer protection division, provided they give written notice. Furthermore, it specifies that three-fourths of any civil penalty awarded for certain violations must be paid to the county where the court is located. The changes in law will apply only to causes of action that accrue after the effective date of the Act, which will take effect immediately if it receives a two-thirds vote from both houses or on September 1, 2025, if not.

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)