Relating to the jurisdiction of county attorneys to prosecute the deceptive trade practice of price gouging during a declared disaster.

89(R) HB 4394 - Introduced version - Bill Text

By: Moody

H.B. No. 4394

A BILL TO BE ENTITLED

AN ACT

relating to the jurisdiction of county attorneys to prosecute the

deceptive trade practice of price gouging during a declared

disaster.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 17.4625, Business & Commerce Code, is

amended by adding Subsection (c) to read as follows:

(c)

A county attorney has concurrent jurisdiction with the

attorney general to prosecute an action under Section 17.46(b)(27).

SECTION 2. Section 17.48(d), Business & Commerce Code, is

amended to read as follows:

(d) A district or county attorney is not required to obtain

the permission of the consumer protection division to prosecute an

action under this subchapter for a violation of Section

17.46(b)(28), if the district or county attorney provides prior

written notice to the division as required by Subsection (b).
A

county attorney is not required to obtain the permission of the

consumer protection division to prosecute an action under this

subchapter for a violation of Section 17.46(b)(27), if the county

attorney provides prior written notice to the division as required

by Subsection (b).

SECTION 3. The changes in law made by this Act apply only to

a cause of action that accrues on or after the effective date of

this Act. A cause of action that accrues before the effective date

of this Act is governed by the law as it existed immediately before

the effective date of this Act, and that law is continued in effect

for that purpose.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.