bill letting the attorney general sue on antitrust victims’ behalf

The text as introduced · 658 words

89R5650 BCH-F

By: Spiller
H.B. No. 3060

A BILL TO BE ENTITLED

AN ACT

relating to actions brought by the attorney general on behalf of

certain persons under the Texas Free Enterprise and Antitrust Act

of 1983.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 15.21, Business & Commerce Code, is

amended by adding Subsections (d) and (e) to read as follows:

(d) The attorney general may bring a civil action against a

person on behalf of an individual or governmental entity for injury

to that individual's or entity's business or property caused,

directly or indirectly, by the person's violation of Section

15.05(a), (b), or (c) only if the attorney general notifies in

writing any governmental entity of the attorney general's intention

to bring any such action on the governmental entity's behalf. At

any time within 30 days after receiving the notice, the

governmental entity may, by formal resolution of its governing body

or as otherwise specifically provided by applicable law, withdraw

the authority of the attorney general to bring the intended action.

An action under this subsection may be brought in district court in

Travis County, or in any county in this state in which a named

defendant resides, does business, or maintains a principal office,

or in which the individual or governmental entity on whose behalf

the action is brought resides at the time of the cause of action or

any part of the cause of action accrues. If the attorney general

prevails in an action under this subsection and except as otherwise

provided by this subsection, the attorney general shall recover

actual damages sustained by the individual or governmental entity,

interest on actual damages for the period beginning on the date of

service of the attorney general's pleading setting forth a claim

under the antitrust laws and ending on the date of judgment (the

rate of such interest to be in accordance with Texas law regarding

postjudgment interest rates and the amount of interest to be

adjusted by the court if it finds the award of all or part of such

interest is unjust in the circumstances), and the cost of suit,

including a reasonable attorney's fee, and if applicable, expert

witness fees. If the trier of fact finds the unlawful conduct was

willful or flagrant, the court shall increase the recovery to

threefold the damages sustained and the cost of suit, including a

reasonable attorney's fee and, if applicable, expert witness fees.

Interest on actual damages as specified above may not be recovered

when recovered damages are increased threefold. In an action under

this subsection in which a claim is asserted against a defendant

relating to injury to both direct and indirect purchasers, the

court shall take all steps necessary to avoid duplicative recovery

from that defendant. In any action brought under this section on

behalf of any governmental entity, the state shall retain for

deposit to the credit of the general revenue fund, out of the

proceeds, if any, resulting from such action, an amount equal to the

expense incurred by the state in the investigation and prosecution

of such action.

(e) For purposes of this section, "governmental entity"

means:

(1) this state, including each department, board,

agency, instrumentality, authority, or commission of this state;

(2) a political subdivision of this state, including a

county, city, municipality, school district, local improvement

district, law enforcement authority, or special district,

including a water, sanitation, fire protection, metropolitan,

irrigation, drainage, or other special district;

(3) a municipal, quasi-municipal, or public

corporation organized under the Texas Constitution or other law;

and

(4) a department, board, agency, instrumentality,

authority, or commission of an entity described by Subdivision (2)

or (3).

SECTION 2. Sections 15.21(d) and (e), Business & Commerce

Code, as added by this Act, apply only to a cause of action that

accrues on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.