Tex. Bus. & Com. Code Section 17.48
Duty of District and County Attorney


(a)

It is the duty of the district and county attorneys to lend to the consumer protection division any assistance requested in the commencement and prosecutions of action under this subchapter.

(b)

A district or county attorney, with prior written notice to the consumer protection division, may institute and prosecute actions seeking injunctive relief under this subchapter, after complying with the prior contact provisions of Subsection (a) of Section 17.47 (Restraining Orders) of this subchapter. On request, the consumer protection division shall assist the district or county attorney in any action taken under this subchapter. If an action is prosecuted by a district or county attorney alone, he shall make a full report to the consumer protection division including the final disposition of the matter. No district or county attorney may bring an action under this section against any licensed insurer or licensed insurance agent transacting business under the authority and jurisdiction of the State Board of Insurance unless first requested in writing to do so by the State Board of Insurance, the commissioner of insurance, or the consumer protection division pursuant to a request by the State Board of Insurance or commissioner of insurance.

(c)

In an action prosecuted by a district or county attorney under this subchapter for a violation of Section 17.46 (Deceptive Trade Practices Unlawful)(b)(28), three-fourths of any civil penalty awarded by a court must be paid to the county where the court is located.

(d)

A district or county attorney is not required to obtain the permission of the consumer protection division to prosecute an action under this subchapter for a violation of Section 17.46 (Deceptive Trade Practices Unlawful)(b)(28), if the district or county attorney provides prior written notice to the division as required by Subsection (b).
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1080 (H.B. 2573), Sec. 2, eff. September 1, 2015.

Source: Section 17.48 — Duty of District and County Attorney, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­17.­htm#17.­48 (accessed Mar. 23, 2024).

17.01
Definitions
17.08
Private Use of State Seal
17.11
Deceptive Wholesale and Going-out-of-business Advertising
17.12
Deceptive Advertising
17.29
Misusing Container
17.30
Misusing Dairy Container Bearing Proprietary Mark
17.31
Identification, Possession, and Use of Certain Containers
17.41
Short Title
17.42
Waivers: Public Policy
17.43
Cumulative Remedies
17.44
Construction and Application
17.45
Definitions
17.46
Deceptive Trade Practices Unlawful
17.47
Restraining Orders
17.48
Duty of District and County Attorney
17.49
Exemptions
17.50
Relief for Consumers
17.55
Promotional Material
17.56
Venue
17.57
Subpoenas
17.58
Voluntary Compliance
17.59
Post Judgment Relief
17.60
Reports and Examinations
17.61
Civil Investigative Demand
17.62
Penalties
17.63
Application
17.81
Definition
17.82
Prohibited Conduct
17.83
Original Inventory
17.84
Permit
17.85
Deadline for Orders
17.86
Sale Inventory
17.87
Final Inventory
17.88
Disposition of Sale Items
17.89
Later Sales
17.90
Form of Inventory
17.91
Exceptions
17.92
Penalty
17.93
Injunction
17.461
Pyramid Promotional Scheme
17.462
Listing of Business Location of Certain Businesses
17.463
Production, Sale, Distribution, or Promotion of Certain Synthetic Substances
17.464
Unconscionable Price for Care at Emergency Facility
17.501
Consumer Protection Division Participation in Class Action
17.505
Notice
17.506
Damages: Defenses
17.555
Indemnity
17.565
Limitation
17.821
Definitions
17.822
Meat Labeling
17.823
Sale of Nonkosher Food
17.824
Exception
17.825
Civil Remedy
17.826
Penalty
17.835
Notice of Filing of Original Inventory
17.851
Definitions
17.852
Inquiry as to Producer
17.853
Unlawful Acts
17.854
Penalty
17.881
Definitions
17.882
Meat Labeling
17.883
Sale of Nonhalal Food
17.884
Civil Remedy
17.885
Criminal Penalty
17.901
Definitions
17.902
Unauthorized Advertisement, Promotion, or Conduction of Certain Live Musical Performances
17.903
Injunction
17.904
Civil Penalty
17.921
Definitions
17.922
Required Disclosure for Collections Through Public Receptacle
17.923
Required Disclosures for Telephone or Door-to-door Solicitations
17.924
Required Disclosures for Mail Solicitations
17.925
Local Ordinance or Regulation
17.926
Civil Penalty
17.951
Definition
17.952
Bad Faith Claim of Patent Infringement Prohibited
17.953
Enforcement by Attorney General
17.954
Construction of Subchapter
17.955
No Private Cause of Action
17.4625
Price Gouging During Declared Disaster
17.5051
Mediation
17.5052
Offers of Settlement

Accessed:
Mar. 23, 2024

§ 17.48’s source at texas​.gov