88R401 SRA-D
 
  By: Bernal H.B. No. 292
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to investigations and actions by district or county
  attorneys in connection with the deceptive trade practice of
  charging exorbitant or excessive prices for necessities during a
  declared disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 17.463, Business &
  Commerce Code, is amended to read as follows:
         Sec. 17.463.  LIMITED AUTHORITY OF DISTRICT AND COUNTY
  ATTORNEYS TO INVESTIGATE AND PROSECUTE CERTAIN DECEPTIVE ACTS OR
  PRACTICES [PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN
  SYNTHETIC SUBSTANCES].
         SECTION 2.  Section 17.463, Business & Commerce Code, is
  amended by amending Subsections (a) and (f) and adding Subsection
  (g) to read as follows:
         (a)  This section applies only to an act described by Section
  17.46(b)(27) or (31) [17.46(b)(31)].
         (f)  Notwithstanding any other law, in an action brought by a
  district or county attorney under this section for a violation of
  Section 17.46(b)(31), all settlements or penalties collected by the
  district or county attorney shall be divided between the state and
  the county in which the attorney brought suit, with:
               (1)  50 percent of the amount collected paid to the
  comptroller for deposit to the credit of the basic civil legal
  services account established by Section 51.943, Government Code;
  and
               (2)  50 percent of the amount collected paid to the
  county shall be deposited by the county in a segregated account and
  the funds shall be used only for law enforcement, public health
  programs, or drug abuse prevention programs.
         (g)  Notwithstanding any other law, in an action brought by a
  district or county attorney under this section for a violation of
  Section 17.46(b)(27), all settlements or penalties collected by the
  district or county attorney shall be divided between the state and
  the county in which the attorney brought suit, with:
               (1)  50 percent of the amount collected paid to the
  comptroller for deposit to the credit of the basic civil legal
  services account established by Section 51.943, Government Code;
  and
               (2)  50 percent of the amount collected paid to the
  county.
         SECTION 3.  The changes in law made by this Act apply only to
  an act or practice that occurs on or after the effective date of
  this Act. An act or practice that occurs before the effective date
  of this Act is governed by the law in effect on the date the act or
  practice occurred, and the former law is continued in effect for
  that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.