Bill Text: TX SB1109 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the labeling, advertising, and sale of products as "Made in Texas"; authorizing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Business & Commerce [SB1109 Detail]
Download: Texas-2023-SB1109-Introduced.html
88R3620 SRA-D | ||
By: Hughes | S.B. No. 1109 |
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relating to the labeling, advertising, and sale of products as | ||
"Made in Texas"; authorizing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 17, Business & Commerce Code, is amended | ||
by adding Subchapter E-1 to read as follows: | ||
SUBCHAPTER E-1. LABELING, ADVERTISING, AND SALE OF "MADE IN TEXAS" | ||
PRODUCTS | ||
Sec. 17.71. "MADE IN TEXAS" LABELING STANDARD. (a) The | ||
comptroller by rule shall establish criteria for determining | ||
whether a product may use "Made in Texas" or equivalent phrasing to | ||
represent that the product was made in whole or in substantial part | ||
in Texas. | ||
(b) The criteria established under this section must | ||
include a requirement that all or virtually all significant parts | ||
and processing of a product originated in this state. | ||
Sec. 17.72. COMPLIANCE WITH STANDARD REQUIRED. To the | ||
extent a person sells, advertises, or offers for sale in this state | ||
a product with "Made in Texas" or equivalent phrasing to represent | ||
that the product was made in whole or in substantial part in Texas, | ||
the label must be consistent with rules adopted by the comptroller | ||
under Section 17.71. | ||
Sec. 17.73. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A person | ||
who violates Section 17.72 is liable to this state for a civil | ||
penalty not to exceed $500 for each violation. | ||
(b) The attorney general may bring an action in the name of | ||
the state to: | ||
(1) recover a civil penalty under this section; or | ||
(2) restrain or enjoin the person from violating | ||
Section 17.72. | ||
(c) The action may be brought in a district court in: | ||
(1) Travis County; or | ||
(2) a county in which any part of the violation or | ||
threatened violation occurs. | ||
(d) A civil penalty collected under this section shall be | ||
deposited in the state treasury to the credit of the general revenue | ||
fund. | ||
Sec. 17.74. AMOUNT OF CIVIL PENALTY. (a) Each day that a | ||
violation continues may be considered a separate violation for | ||
purposes of a civil penalty under this subchapter. | ||
(b) The amount of a civil penalty must be based on: | ||
(1) the seriousness of the violation, including the | ||
nature, circumstances, extent, and gravity of the violation; | ||
(2) the history of previous violations; | ||
(3) the amount necessary to deter a future violation; | ||
(4) efforts by the person to correct the violation; | ||
and | ||
(5) any other matter that justice may require. | ||
SECTION 2. This Act takes effect September 1, 2023. |