88R7212 MPF-D     By: Lopez of Bexar H.B. No. 5272       A BILL TO BE ENTITLED   AN ACT   relating to the prohibited resale of infant formula purchased at   retail; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 6, Health and Safety Code, is   amended by adding Chapter 444 to read as follows:   CHAPTER 444.  RESALE OF INFANT FORMULA PURCHASED AT RETAIL          Sec. 444.001.  DEFINITION. In this chapter, "infant   formula" has the meaning assigned by Section 431.002.           Sec. 444.002.  PROHIBITION ON RESELLING INFANT FORMULA   PURCHASED AT RETAIL. A person who purchases infant formula at   retail, including at a retail establishment or from an online   retail seller, may not resell the infant formula for profit.          Sec. 444.003.  CIVIL PENALTY. (a)  At the request of the   department, the attorney general or a district, county, or   municipal attorney shall institute an action in district court to   collect a civil penalty for a violation of Section 444.002.           (b)  The civil penalty may not exceed:                (1)  $5,000 for the first violation; and                 (2)  $10,000 for each subsequent violation.          (c)  The attorney general or district, county, or municipal   attorney may recover reasonable attorney's fees and expenses and   court costs incurred in recovering a civil penalty under this   section.          SECTION 2.  The change in law made by this Act applies 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, 2023.