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AN ACT
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relating to the enforcement of regulations regarding the sale of |
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plastic bulk merchandise containers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 35.63, Business & Commerce Code, as |
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added by Chapter 307, Acts of the 80th Legislature, Regular |
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Session, 2007, is amended by amending Subsection (f) and adding |
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Subsection (g) to read as follows: |
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(f) The attorney general or appropriate prosecuting |
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attorney may: |
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(1) investigate an alleged violation of this section; |
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and |
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(2) sue to collect a civil penalty under this section. |
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(g) The attorney general or appropriate prosecuting |
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attorney may recover reasonable expenses, including court costs, |
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attorney's fees, investigative costs, witness fees, and deposition |
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expenses, incurred in recovering a civil penalty under this |
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section. |
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SECTION 2. Section 204.004, Business & Commerce Code, as |
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effective September 1, 2009, is amended to read as follows: |
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Sec. 204.004. INVESTIGATIVE AND ENFORCEMENT AUTHORITY [OF
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CIVIL PENALTY]. (a) The attorney general or appropriate |
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prosecuting attorney may: |
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(1) investigate an alleged violation of this chapter; |
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and |
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(2) sue to collect a civil penalty under this chapter. |
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(b) The attorney general or appropriate prosecuting |
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attorney may recover reasonable expenses, including court costs, |
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attorney's fees, investigative costs, witness fees, and deposition |
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expenses, incurred in recovering a civil penalty under this |
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section. |
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SECTION 3. (a) Section 1 of this Act takes effect only if |
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the Act of the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in existing codes does |
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not become law. If the Act of the 81st Legislature, Regular |
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Session, 2009, relating to nonsubstantive additions to and |
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corrections in existing codes becomes law, Section 1 of this Act has |
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no effect. |
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(b) Section 2 of this Act takes effect only if the Act of the |
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81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in existing codes |
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becomes law. If the Act of the 81st Legislature, Regular Session, |
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2009, relating to nonsubstantive additions to and corrections in |
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existing codes does not become law, Section 2 of this Act has no |
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effect. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2128 was passed by the House on May |
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15, 2009, by the following vote: Yeas 127, Nays 12, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2128 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |