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AN ACT
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relating to the use of information obtained by the attorney general |
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through a civil investigative demand under the Deceptive Trade |
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Practices-Consumer Protection Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (8), Section 17.45, Business & |
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Commerce Code, is amended to read as follows: |
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(8) "Consumer protection division" means the |
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[antitrust and] consumer protection division of the attorney |
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general's office. |
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SECTION 2. Subsections (b) and (f), Section 17.61, Business & |
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Commerce Code, are amended to read as follows: |
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(b) Each demand shall: |
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(1) state the statute and section under which the |
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alleged violation is being investigated, and the general subject |
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matter of the investigation; |
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(2) describe the class or classes of documentary |
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material to be produced with reasonable specificity so as to fairly |
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indicate the material demanded; |
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(3) prescribe a return date within which the |
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documentary material is to be produced; and |
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(4) identify the persons authorized by [members of] |
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the consumer protection division to whom the documentary material |
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is to be made available for inspection and copying. |
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(f) No documentary material produced pursuant to a demand |
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under this section, unless otherwise ordered by a court for good |
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cause shown, shall be produced for inspection or copying by, nor |
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shall its contents be disclosed to any person other than the |
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authorized employee of the office of the attorney general [consumer
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protection division] without the consent of the person who produced |
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the material. The office of the attorney general [consumer
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protection division] shall prescribe reasonable terms and |
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conditions allowing the documentary material to be available for |
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inspection and copying by the person who produced the material or |
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any duly authorized representative of that person. The office of |
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the attorney general [consumer protection division] may use the |
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documentary material or copies of it as it determines necessary in |
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the enforcement of this subchapter, including presentation before |
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any court. Any material which contains trade secrets shall not be |
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presented except with the approval of the court in which the action |
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is pending after adequate notice to the person furnishing the |
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material. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1047 passed the Senate on |
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April 12, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1047 passed the House on |
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May 17, 2007, by the following vote: Yeas 143, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |