H-8120

   Amend  the amendment, H-8102, to House File 2408, as follows:
   1.  Page 1, line 29, by striking <agreement> and inserting <requirements —— penalties>
   2.  Page 1, lines 32 and 33, by striking <written agreement> and inserting <consent>
   3.  Page 3, by striking lines 3 through 18 and inserting: 
   <5.  a.  A provision of an agreement between a food delivery platform and a restaurant, or the obtaining of consent, that is contrary to this chapter is void and unenforceable.
   b.  An aggrieved restaurant or the attorney general may seek judicial enforcement of the requirements of this chapter in an action brought against a food delivery platform in the county in which the violation occurred. The following civil penalties shall be imposed for a violation of this chapter:
   (1)  A one thousand dollar penalty for a first violation.
   (2)  A two thousand five hundred dollar penalty for a second violation.
   (3)  A ten thousand dollar penalty for a third and subsequent violation.>
   4.  Page 3, line 19, by striking <A restaurant may> and inserting <The attorney general or a restaurant may, in addition to penalties imposed pursuant to subsection 5,>
   5.  Page 3, line 28, by striking <written>
   6.  Page 4, after line 17 by inserting: 
   <Sec. ___.  APPLICABILITY.  This Act applies to agreements entered into between a restaurant and a food delivery platform on or after the effective date of this Act.>
   7.  Page 4, lines 19 and 20, by striking <and providing civil penalties> and inserting <providing civil penalties, and including applicability provisions>
   8.  By renumbering as necessary.

______________________________
NORDMAN of Dallas