SB 591
AN ACT relating to prohibitions in connection with certain sales of
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to Senate committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to prohibitions in connection with certain sales of
Subject Areas
Bill Text
relating to prohibitions in connection with certain sales of clothing on an Internet website or software application; providing 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 (2) "Clothing" means worn apparel for human use. The Sec. 330.002. PROHIBITION ON USE OR CREATION OF BOTS TO ENGAGE IN CERTAIN CLOTHING PURCHASES. A person may not use or (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 (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 (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 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 (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 (d) A person who knowingly violates Section 330.002 is liable for a civil penalty of not more than $5,000 for each (e) Every clothing purchase in violation of Section 330.002 constitutes a separate violation for purposes of assessing a civil (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.
Bill History
Bill filed: AN ACT relating to prohibitions in connection with certain sales of
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