Bhojani’s bill banning sneaker bots

The text as introduced · 487 words

89R1591 MLH-D

By: Bhojani
H.B. No. 4487

A BILL TO BE ENTITLED

AN ACT

relating to prohibitions in connection with certain sales of

clothing on an Internet website or software application; providing

a civil penalty.

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

SECTION 1. Subtitle B, Title 10, Business & Commerce Code,

is amended by adding Chapter 330 to read as follows:

CHAPTER 330. ONLINE SALE OF CLOTHING

Sec. 330.001. DEFINITIONS. In this chapter:

(1) "Bot" means any automated software program that

performs automatic and repetitive tasks and is designed to

impersonate or replicate human activity online. The term does not

include software designed to store and manage passwords or

automatically fill editable fields on an Internet website or

software application.

(2) "Clothing" means worn apparel for human use. The

term includes shoes.

Sec. 330.002. PROHIBITION ON USE OR CREATION OF BOTS TO

ENGAGE IN CERTAIN CLOTHING PURCHASES. A person may not use or

create a bot to:

(1) purchase clothing on an Internet website or

through a software application;

(2) use multiple Internet Protocol (IP) addresses,

multiple purchaser accounts, or multiple e-mail addresses to

purchase clothing on an Internet website or through a software

application;

(3) circumvent or disable a randomized customer

selection system or other sales volume limitation system associated

with the sale of clothing on an Internet website or through a

software application; or

(4) circumvent or disable a security measure, access

control system, or other control or measure that is used to

facilitate the sale of clothing on an Internet website or through a

software application.

Sec. 330.003. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION;

CIVIL PENALTY. (a) The attorney general may investigate a claim

that a person violated this chapter.

(b) If the attorney general concludes that a person has

violated this chapter, the attorney general may bring an action in

the name of the state to restrain or enjoin the person from further

violating this chapter.

(c) In addition to bringing an action for injunctive relief

under this chapter, the attorney general may seek restitution and

petition a district court for the assessment of a civil penalty as

provided by this section.

(d) A person who knowingly violates Section 330.002 is

liable for a civil penalty of not more than $5,000 for each

violation.

(e) Every clothing purchase in violation of Section 330.002

constitutes a separate violation for purposes of assessing a civil

penalty.

(f) The civil penalty for a violation of a court order or

injunction issued to enforce this section may not exceed $50,000.

(g) The attorney general may recover all reasonable costs of

bringing an action under this section, including court costs,

reasonable attorney's fees, and investigation costs.

SECTION 2. Section 330.002, Business & Commerce Code, as

added by this Act, applies only to a purchase that occurs on or

after the effective date of this Act.

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