Bill > HB5621

This bill expands the jurisdiction of district and county attorneys to prosecute consumer protection violations in Texas. Specifically, it allows district and county attorneys to take legal action under certain sections of the Business & Commerce Code that were previously primarily handled by the consumer protection division of the Attorney General's office. The bill requires that if a district or county attorney accepts an assurance of voluntary compliance or files a civil investigative demand, they must do so in the district court where the alleged violator resides or does business. The legislation also establishes a process where district or county attorneys must provide written notice to the consumer protection division before instituting an action, and must wait 90 days unless the Attorney General is already actively investigating the matter. Additionally, if an action is prosecuted solely by a district or county attorney, they must provide a full report to the consumer protection division. The bill clarifies that for certain specific violations, three-fourths of any civil penalties awarded will be paid to the county where the court is located. The changes will apply only to causes of action that accrue on or after the bill's effective date, which will be immediately if it receives a two-thirds vote in the Texas Legislature, or September 1, 2025, if it does not.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB5621