HB 3060

relating to actions brought by the attorney general on behalf of
certain persons under the Texas Free Enterprise and Antitrust Act
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
(e)  For purposes of this section, "governmental entity"
(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;
(4)  a department, board, agency, instrumentality,
authority, or commission of an entity described by Subdivision (2)
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.