By: Spiller H.B. No. 4256       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).  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, 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 that 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;   provided, however, that if the trier of fact finds that 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; provided that 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.          (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.