S.B. No. 3027 amends the Business & Commerce Code to enhance the jurisdiction of district and county attorneys in prosecuting consumer protection violations. The bill allows these attorneys to take action under specific sections of the code, including filing assurances of voluntary compliance and civil investigative demands in the appropriate district courts. It also establishes that district and county attorneys can prosecute actions under Section 17.47, provided they notify the consumer protection division in writing and wait for a specified period unless the division indicates it is actively investigating the matter. Additionally, the bill stipulates that three-fourths of any civil penalty awarded for certain violations must be paid to the county where the court is located.
Furthermore, the bill modifies the procedures for civil investigative demands, detailing how they should be served and the rights of the parties involved. It clarifies that financial institutions are not required to notify customers of certain record requests and outlines the conditions under which they must comply with such requests. The changes made by this Act will only apply to causes of action that accrue after its effective date, which is immediate 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 (Commerce Code 17, of the Texas Finance Code 59)