attorney general can sue on behalf of antitrust victims

The text as introduced · 533 words

By: Spiller
H.B. No. 4256

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). 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, 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 that 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;

provided, however, that if the trier of fact finds that 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; provided that 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.

(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.