89R1591 MLH-D     By: Bhojani, Luther, Ordaz, Richardson, H.B. No. 4487       Button       A BILL TO BE ENTITLED   AN ACT   relating to prohibitions in connection with certain sales of   clothing on an Internet website or software application; providing   a civil penalty.          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   software application.                (2)  "Clothing" means worn apparel for human use.  The   term includes shoes.          Sec. 330.002.  PROHIBITION ON USE OR CREATION OF BOTS TO   ENGAGE IN CERTAIN CLOTHING PURCHASES. A person may not use or   create a bot to:                (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   application;                (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   software application; or                (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   software application.          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   violating this chapter.           (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   provided by this section.          (d)  A person who knowingly violates Section 330.002 is   liable for a civil penalty of not more than $5,000 for each   violation.          (e)  Every clothing purchase in violation of Section 330.002   constitutes a separate violation for purposes of assessing a civil   penalty.          (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.