HB2274 - Relating to the creation of a commission to review and make recommendations regarding certain penal laws of this state and to certain criminal offenses previously compiled in statutes outside the Penal Code; increasing criminal penalties; imposing a civil penalty.

  89R5855 CJD-D     By: Schatzline H.B. No. 2274       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a commission to review and make   recommendations regarding certain penal laws of this state and to   certain criminal offenses previously compiled in statutes outside   the Penal Code; increasing criminal penalties; imposing a civil   penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. PURPOSE          SECTION 1.01.  PURPOSE.  The purpose of this Act is to   implement the recommendations of the commission created by Section   29, Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular   Session, 2015, and other successor commissions and to authorize   additional review of the penal laws described by Section 2.01(a) of   this Act.   ARTICLE 2. COMMISSION TO STUDY CERTAIN PENAL LAWS          SECTION 2.01.  COMMISSION TO STUDY CERTAIN PENAL LAWS.   (a)  A commission is created to study and review all penal laws of   this state other than criminal offenses:                (1)  under the Penal Code;                (2)  under Chapter 481, Health and Safety Code; or                (3)  related to the operation of a motor vehicle.          (b)  The commission shall:                (1)  evaluate all laws described by Subsection (a) of   this section;                (2)  make recommendations to the legislature regarding   the repeal or amendment of laws that are identified as being   unnecessary, unclear, duplicative, overly broad, or otherwise   insufficient to serve the intended purpose of the law, including   any laws requiring additional review, as identified by the   commission created by Section 29, Chapter 1251 (H.B. 1396), Acts of   the 84th Legislature, Regular Session, 2015, and other successor   commissions; and                (3)  evaluate the current applicability of any   recommendations that were previously made by the commissions   described by Subdivision (2) of this subsection and that have not   yet been implemented.          (c)  The commission is composed of nine members appointed as   follows:                (1)  two members appointed by the governor;                (2)  two members appointed by the lieutenant governor;                (3)  two members appointed by the speaker of the house   of representatives;                (4)  two members appointed by the chief justice of the   Supreme Court of Texas; and                (5)  one member appointed by the presiding judge of the   Texas Court of Criminal Appeals.          (d)  The officials making appointments to the commission   under Subsection (c) of this section shall ensure that the   membership of the commission includes representatives of all areas   of the criminal justice system, including prosecutors, defense   attorneys, judges, legal scholars, and relevant business   interests.          (e)  The governor shall designate one member of the   commission to serve as the presiding officer of the commission.          (f)  A member of the commission is not entitled to   compensation or reimbursement of expenses.          (g)  The commission shall meet at the call of the presiding   officer.          (h)  Not later than November 1, 2026, the commission shall   report the commission's findings and recommendations to the   governor, the lieutenant governor, the speaker of the house of   representatives, the Supreme Court of Texas, the Texas Court of   Criminal Appeals, and the standing committees of the house of   representatives and the senate with primary jurisdiction over   criminal justice matters. The commission shall include in its   recommendations any specific statutes that the commission   recommends repealing or amending.          SECTION 2.02.  APPOINTMENT OF MEMBERS. Not later than   November 1, 2025, the governor, the lieutenant governor, the   speaker of the house of representatives, the chief justice of the   Supreme Court of Texas, and the presiding judge of the Texas Court   of Criminal Appeals shall appoint the members of the commission   created under this article.          SECTION 2.03.  ABOLITION OF COMMISSION. The commission is   abolished and this article expires December 31, 2026.   ARTICLE 3. MISCELLANEOUS AMENDMENTS RELATING TO CRIMINAL OFFENSES          SECTION 3.01.  Section 17.46(b), Business & Commerce Code,   is amended to read as follows:          (b)  Except as provided in Subsection (d) of this section,   the term "false, misleading, or deceptive acts or practices"   includes, but is not limited to, the following acts:                (1)  passing off goods or services as those of another;                (2)  causing confusion or misunderstanding as to the   source, sponsorship, approval, or certification of goods or   services;                (3)  causing confusion or misunderstanding as to   affiliation, connection, or association with, or certification by,   another;                (4)  using deceptive representations or designations   of geographic origin in connection with goods or services;                (5)  representing that goods or services have   sponsorship, approval, characteristics, ingredients, uses,   benefits, or quantities which they do not have or that a person has   a sponsorship, approval, status, affiliation, or connection which   the person does not;                (6)  representing that goods are original or new if   they are deteriorated, reconditioned, reclaimed, used, or   secondhand;                (7)  representing that goods or services are of a   particular standard, quality, or grade, or that goods are of a   particular style or model, if they are of another;                (8)  disparaging the goods, services, or business of   another by false or misleading representation of facts;                (9)  advertising goods or services with intent not to   sell them as advertised;                (10)  advertising goods or services with intent not to   supply a reasonable expectable public demand, unless the   advertisements disclosed a limitation of quantity;                (11)  making false or misleading statements of fact   concerning the reasons for, existence of, or amount of price   reductions;                (12)  representing that an agreement confers or   involves rights, remedies, or obligations which it does not have or   involve, or which are prohibited by law;                (13)  knowingly making false or misleading statements   of fact concerning the need for parts, replacement, or repair   service;                (14)  misrepresenting the authority of a salesman,   representative , or agent to negotiate the final terms of a consumer   transaction;                (15)  basing a charge for the repair of any item in   whole or in part on a guaranty or warranty instead of on the value of   the actual repairs made or work to be performed on the item without   stating separately the charges for the work and the charge for the   warranty or guaranty, if any;                (16)  disconnecting, turning back, or resetting the   odometer of any motor vehicle so as to reduce the number of miles   indicated on the odometer gauge;                (17)  advertising of any sale by fraudulently   representing that a person is going out of business;                (18)  advertising, selling, or distributing a card   which purports to be a prescription drug identification card issued   under Section 4151.152, Insurance Code, in accordance with rules   adopted by the commissioner of insurance, which offers a discount   on the purchase of health care goods or services from a third party   provider, and which is not evidence of insurance coverage, unless:                      (A)  the discount is authorized under an agreement   between the seller of the card and the provider of those goods and   services or the discount or card is offered to members of the   seller;                      (B)  the seller does not represent that the card   provides insurance coverage of any kind; and                      (C)  the discount is not false, misleading, or   deceptive;                (19)  using or employing a chain referral sales plan in   connection with the sale or offer to sell of goods, merchandise, or   anything of value, which uses the sales technique, plan,   arrangement, or agreement in which the buyer or prospective buyer   is offered the opportunity to purchase merchandise or goods and in   connection with the purchase receives the seller's promise or   representation that the buyer shall have the right to receive   compensation or consideration in any form for furnishing to the   seller the names of other prospective buyers if receipt of the   compensation or consideration is contingent upon the occurrence of   an event subsequent to the time the buyer purchases the merchandise   or goods;                (20)  representing that a guaranty or warranty confers   or involves rights or remedies which it does not have or involve,   provided, however, that nothing in this subchapter shall be   construed to expand the implied warranty of merchantability as   defined in Sections 2.314 through 2.318 and Sections 2A.212 through   2A.216 to involve obligations in excess of those which are   appropriate to the goods;                (21)  promoting a pyramid promotional scheme, as   defined by Section 32.56, Penal Code [ 17.461 ];                (22)  representing that work or services have been   performed on, or parts replaced in, goods when the work or services   were not performed or the parts replaced;                (23)  filing suit founded upon a written contractual   obligation of and signed by the defendant to pay money arising out   of or based on a consumer transaction for goods, services, loans, or   extensions of credit intended primarily for personal, family,   household, or agricultural use in any county other than in the   county in which the defendant resides at the time of the   commencement of the action or in the county in which the defendant   in fact signed the contract; provided, however, that a violation of   this subsection shall not occur where it is shown by the person   filing the [ such ] suit that the person neither knew or had reason to   know that the county in which such suit was filed was not  [ neither ]   the county in which the defendant resides at the commencement of the   suit or  [ nor ] the county in which the defendant in fact signed the   contract; 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