Relating to the advertising, display, and offer of prices for goods and services.

The text as introduced · 382 words

90R2412 MLH-F

By: West
S.B. No. 212

A BILL TO BE ENTITLED

AN ACT

relating to the advertising, display, and offer of prices for goods

and services.

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

SECTION 1. Subchapter B, Chapter 17, Business & Commerce

Code, is amended by adding Section 17.13 to read as follows:

Sec. 17.13. DECEPTIVE PRICE ADVERTISING. (a) A person may

not advertise, display, or offer a price for a good or service in a

manner that does not indicate the full price to be paid by the

consumer:

(1) including any mandatory fees or charges the person

imposes; and

(2) not including:

(A) taxes or fees imposed by a governmental

entity; and

(B) postage or shipping fees that reasonably

represent the cost of actually shipping a good to a consumer.

(b) A person shall:

(1) ensure that the full price for a good or service

described by Subsection (a) is clearly and conspicuously displayed;

and

(2) indicate the amount of that price, in dollars,

that constitutes a mandatory fee or charge described by Subsection

(a)(1) to be paid by the consumer.

(c) This section may not be construed to prohibit the use of

a dynamic pricing model that uses an algorithm or other metric to

determine the price of a good or service based on variables

determined by the market or a consumer.

(d) A consumer may bring a cause of action for a violation of

this section seeking:

(1) an injunction against further violation of this

section;

(2) damages in an amount equal to the lesser of:

(A) actual damages incurred by the person

bringing the cause of action; or

(B) $1,000; and

(3) reasonable attorney's fees.

(e) The attorney general may seek:

(1) to enjoin violations of this section; and

(2) damages and other relief allowed by law, including

restitution available under applicable law.

(f) In an action brought by the attorney general under

Subsection (e), the attorney general is entitled to seek reasonable

attorney's fees and costs.

SECTION 2. The change in law made by this Act applies only

to the advertising, display, or offer of a price for a good or

service made on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2027.