HB3060 - Relating to actions brought by the attorney general on behalf of certain persons under the Texas Free Enterprise and Antitrust Act of 1983.

  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.