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HB 4394

Relating to the jurisdiction of county attorneys to prosecute the deceptive trade practice of price gouging during a declared disaster.

89th Legislature (2025) Introduced by Joe Moody

Texas bill grants county attorneys independent authority to prosecute price gouging during declared disasters, enabling faster local enforcement against exploitative price increases.

Left pending in committee
#business&commerce--tradepractices(i0006) #consumerprotection(i0080) #countygovernment--employees/officers(i0095) #courts--prosecutingattorneys(i0165) #disasterpreparedness&relief(i0211)
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Bill Summary · HB 4394

Legislative bill overview

HB 4394 expands the authority of Texas county attorneys to independently prosecute price gouging cases during declared disasters, rather than relying solely on the Attorney General's Office. The bill clarifies that county-level prosecutors can pursue deceptive trade practice violations related to price gouging within their jurisdictions during emergencies.

Why is this important

Price gouging during disasters—when merchants dramatically inflate prices for essential goods like fuel, water, or medical supplies—can severely harm vulnerable populations and communities in crisis. Giving county attorneys concurrent prosecutorial power could enable faster local enforcement and potentially deter exploitation when disaster victims are most defenseless and prices are least transparent.

Potential points of contention

  • Definitional challenges: "Price gouging" lacks a precise statutory definition tied to specific price thresholds, potentially creating inconsistent prosecution standards across counties and exposing businesses to subjective enforcement
  • Local capacity concerns: Rural and smaller counties may lack resources to investigate and prosecute complex fraud cases, while larger counties might pursue cases more aggressively, creating disparate enforcement
  • Business uncertainty: Expanded enforcement authority could chill legitimate price adjustments during supply disruptions, as merchants face uncertainty about whether normal market responses will be classified as illegal gouging

Compiled from official sources — confirm details with the bill’s official record.

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