85R22999 GRM-D     By: Wu H.B. No. 1435     Substitute the following for H.B. No. 1435:     By:  Farrar C.S.H.B. No. 1435       A BILL TO BE ENTITLED   AN ACT   relating to commencement and prosecution of certain actions by and   to investigations conducted by district and county attorneys under   the Deceptive Trade Practices-Consumer Protection Act.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter E, Chapter 17, Business & Commerce   Code, is amended by adding Section 17.463 to read as follows:          Sec. 17.463.  PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION   OF CERTAIN SYNTHETIC SUBSTANCES. (a)  This section applies only to   an act described by Section 17.46(b)(31).          (b)  Subject to Subsection (e) and except as otherwise   provided by this section, an act to which this section applies is   subject to action by a district or county attorney under Sections   17.47, 17.58, 17.60, and 17.61 to the same extent as the act is   subject to action by the consumer protection division under those   sections.          (c)  If a district or county attorney, under the authority of   this section, accepts assurance of voluntary compliance under   Section 17.58, the district or county attorney must file the   assurance of voluntary compliance in the district court in the   county in which the alleged violator resides or does business.          (d)  If a district or county attorney, under the authority of   this section, executes and serves a civil investigative demand and   files a petition described by Section 17.61(g), the petition must   be filed in the district court in the county where the parties   reside.          (e)  A district or county attorney may act under this section   so long as the consumer protection division does not intend to act   with respect to that matter.          (f)  Notwithstanding any other law, in an action brought by a   district or county attorney under this section, all settlements or   penalties collected by the district or county attorney shall be   divided between the state and the county in which the attorney   brought suit, with:                (1)  50 percent of the amount collected paid to the   comptroller for deposit to the credit of the basic civil legal   services account established by Section 51.943, Government Code;   and                (2)  50 percent of the amount collected paid to the   county.          SECTION 2.  Subchapter E, Chapter 17, Business & Commerce   Code, is amended by adding Section 17.463 to read as follows:          Sec. 17.463.  PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION   OF CERTAIN SYNTHETIC SUBSTANCES. (a)  This section applies only to   an act described by Section 17.46(b)(30).          (b)  Subject to Subsection (e) and except as otherwise   provided by this section, an act to which this section applies is   subject to action by a district or county attorney under Sections   17.47, 17.58, 17.60, and 17.61 to the same extent as the act is   subject to action by the consumer protection division under those   sections.          (c)  If a district or county attorney, under the authority of   this section, accepts assurance of voluntary compliance under   Section 17.58, the district or county attorney must file the   assurance of voluntary compliance in the district court in the   county in which the alleged violator resides or does business.          (d)  If a district or county attorney, under the authority of   this section, executes and serves a civil investigative demand and   files a petition described by Section 17.61(g), the petition must   be filed in the district court in the county where the parties   reside.          (e)  A district or county attorney may act under this section   so long as the consumer protection division does not intend to act   with respect to that matter.          (f)  Notwithstanding any other law, in an action brought by a   district or county attorney under this section, all settlements or   penalties collected by the district or county attorney shall be   divided between the state and the county in which the attorney   brought suit, with:                (1)  50 percent of the amount collected paid to the   comptroller for deposit to the credit of the basic civil legal   services account established by Section 51.943, Government Code;   and                (2)  50 percent of the amount collected paid to the   county.          SECTION 3.  This Act applies only to conduct that occurs on   or after the effective date of this Act.          SECTION 4.  (a) Section 1 of this Act takes effect only if   the Act of the 85th Legislature, Regular Session, 2017, relating to   nonsubstantive additions to and corrections in enacted codes   becomes law.          (b)  Section 2 of this Act takes effect only if the Act of the   85th Legislature, Regular Session, 2017, relating to   nonsubstantive additions to and corrections in enacted codes does   not become law.          SECTION 5.  This Act takes effect September 1, 2017.