89R15932 SCR-F     By: Curry H.B. No. 4564       A BILL TO BE ENTITLED   AN ACT   relating to the investigation and enforcement of the Deceptive   Trade Practices-Consumer Protection Act.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 17.49(f) and (g), Business & Commerce   Code, are amended to read as follows:          (f)  A consumer may not bring an action under Section 17.50   for [Nothing in the subchapter shall apply to] a claim arising out   of a written contract if:                (1)  the contract relates to a transaction, a project,   or a set of transactions related to the same project involving total   consideration by the consumer of more than $100,000;                (2)  in negotiating the contract the consumer is   represented by legal counsel who is not directly or indirectly   identified, suggested, or selected by the defendant or an agent of   the defendant; and                (3)  the contract does not involve the consumer's   residence.          (g)  A consumer may not bring an [Nothing in this subchapter   shall apply to a cause of] action under Section 17.50 for a claim   arising from a transaction, a project, or a set of transactions   relating to the same project, involving total consideration by the   consumer of more than $500,000, other than a cause of action   involving a consumer's residence.          SECTION 2.  Section 17.60, Business & Commerce Code, is   amended to read as follows:          Sec. 17.60.  REPORTS AND EXAMINATIONS.  (a) Whenever the   consumer protection division has reason to believe that a person is   engaging in, has engaged in, or is about to engage in any act or   practice declared to be unlawful by this subchapter, or when it   reasonably believes it to be in the public interest to conduct an   investigation to ascertain whether any person is engaging in, has   engaged in, or is about to engage in any such act or practice, an   authorized member of the division may:                (1)  require the person to file on the prescribed forms   a statement or report in writing, under oath or otherwise, as to all   the facts and circumstances concerning the alleged violation and   such other data and information as the consumer protection division   deems necessary;                (2)  examine under oath any person in connection with   this alleged violation;                (3)  examine any merchandise or sample of merchandise   deemed necessary and proper; and                (4)  pursuant to an order of the appropriate court,   impound any sample of merchandise that is produced in accordance   with this subchapter and retain it in the possession of the division   until the completion of all proceedings in connection with which   the merchandise is produced.          (b)  Unless ordered by a court for good cause, no sworn   testimony made under this section may be disclosed to any person   other than an authorized employee of the office of the attorney   general without the consent of the person who made the testimony.   The office of the attorney general shall prescribe reasonable terms   and conditions allowing for the disclosure of the sworn testimony   to an authorized representative of that person. The office of the   attorney general may use the sworn testimony as it determines   necessary in the enforcement of this subchapter, including   presentation before any court. Any testimony that contains trade   secrets may not be disclosed except with the approval of the court   in which the action is pending after adequate notice to the person   furnishing the material.          SECTION 3.  This Act takes effect September 1, 2025.