| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the establishment of the COVID-19 Consumer and Investor |
|
|
Fraud Task Force. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. DEFINITIONS. In this Act: |
|
|
(1) "COVID-19" means the 2019 novel coronavirus |
|
|
disease. |
|
|
(2) "COVID-19 public health emergency" means a state |
|
|
of disaster declared in a proclamation or executive order issued by |
|
|
the governor in response to COVID-19, including a continuation of |
|
|
the state of disaster under a renewal of the proclamation or |
|
|
executive order. |
|
|
(3) "Task force" means the COVID-19 Consumer and |
|
|
Investor Fraud Task Force established under this Act. |
|
|
SECTION 2. ESTABLISHMENT OF TASK FORCE. The COVID-19 |
|
|
Consumer and Investor Fraud Task Force is established to help |
|
|
protect consumers and investors by preventing and reducing the |
|
|
incidences of fraud related to the COVID-19 public health |
|
|
emergency. |
|
|
SECTION 3. TASK FORCE MEMBERSHIP. (a) The task force is |
|
|
composed of representatives of the following agencies: |
|
|
(1) the office of the attorney general; |
|
|
(2) the Office of Consumer Credit Commissioner; |
|
|
(3) the Texas Department of Banking; |
|
|
(4) the Department of Savings and Mortgage Lending; |
|
|
and |
|
|
(5) the State Securities Board. |
|
|
(b) The executive head of each agency listed in Subsection |
|
|
(a) of this section shall appoint a representative to serve as the |
|
|
agency's representative on the task force not later than October 1, |
|
|
2021. |
|
|
SECTION 4. PRESIDING OFFICER; MEETINGS. (a) The members of |
|
|
the task force shall select the presiding officer of the task force. |
|
|
(b) The presiding officer shall call the initial meeting of |
|
|
the task force on or before January 1, 2022. Subject to Subsection |
|
|
(c) of this section, the task force shall meet at the times and |
|
|
places that the presiding officer determines are appropriate. |
|
|
(c) Notwithstanding Chapter 551, Government Code, or any |
|
|
other law, the task force may meet by telephone conference call, |
|
|
videoconference, or other similar telecommunication method. A |
|
|
meeting held by telephone conference call, videoconference, or |
|
|
other similar telecommunication method is subject to the |
|
|
requirements of Sections 551.125(c), (d), (e), and (f), Government |
|
|
Code. |
|
|
SECTION 5. DUTIES OF TASK FORCE. (a) The task force shall |
|
|
facilitate collaboration between the agencies represented on the |
|
|
task force to: |
|
|
(1) provide information and resources to help |
|
|
consumers and investors avoid becoming a victim of fraud related to |
|
|
the COVID-19 public health emergency; |
|
|
(2) provide information and resources, including |
|
|
legal aid resources, to help consumers and investors who have been |
|
|
victims of fraud during the COVID-19 public health emergency; and |
|
|
(3) recommend further action to reduce and combat the |
|
|
prevalence of fraud relating to the COVID-19 public health |
|
|
emergency. |
|
|
(b) The task force shall coordinate and collaborate with |
|
|
other state agencies not participating in the task force as |
|
|
appropriate. |
|
|
SECTION 6. REPORT. The task force shall submit a quarterly |
|
|
written report to the governor, the lieutenant governor, the |
|
|
speaker of the house of representatives, and each member of the |
|
|
legislature, detailing: |
|
|
(1) the information and resources made publicly |
|
|
available to consumers by the agencies represented on the task |
|
|
force; |
|
|
(2) the number of consumer complaints received by the |
|
|
agencies represented on the task force that allege fraud that |
|
|
occurred during the COVID-19 public health emergency; |
|
|
(3) the nature of the consumer complaints described by |
|
|
Subdivision (2) of this section; and |
|
|
(4) recommendations of further action that can be |
|
|
taken by the state to prevent and reduce the incidence of fraud |
|
|
during the COVID-19 public health emergency. |
|
|
SECTION 7. EXPIRATION. The task force is abolished and this |
|
|
Act expires on the one-year anniversary of the date the final |
|
|
COVID-19 public health emergency declaration terminates. |
|
|
SECTION 8. EFFECTIVE DATE. This Act takes effect |
|
|
immediately if it receives a vote of two-thirds of all the members |
|
|
elected to each house, as provided by Section 39, Article III, Texas |
|
|
Constitution. If this Act does not receive the vote necessary for |
|
|
immediate effect, this Act takes effect September 1, 2021. |