1-1  By:  Parker                                            S.B. No. 605
    1-2        (In the Senate - Filed March 3, 1993; March 4, 1993, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  March 30, 1993, reported favorably by the following vote:  Yeas 11,
    1-5  Nays 0; March 30, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Parker             x                               
    1-9        Lucio              x                               
   1-10        Ellis              x                               
   1-11        Haley              x                               
   1-12        Harris of Dallas   x                               
   1-13        Harris of Tarrant  x                               
   1-14        Leedom             x                               
   1-15        Madla              x                               
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth          x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to avoidance of liability by correction of certain
   1-22  violations of state credit law.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Article 1.06, Title 79, Revised Statutes (Article
   1-25  5069-1.06, Vernon's Texas Civil Statutes), is amended by adding
   1-26  Sections (4) and (5) to read as follows:
   1-27        (4)(A)  A person has no liability to an obligor for a
   1-28  violation of this Subtitle if:
   1-29                    (i)  within 60 days after the date the person
   1-30  actually discovered the violation the person corrects the violation
   1-31  as to the obligor by performing the required duty or act or by
   1-32  refunding any amount in excess of that authorized by law; and
   1-33                    (ii)  the person gives written notice to the
   1-34  obligor of the violation before the obligor has given written
   1-35  notice of or has filed an action alleging the violation of this
   1-36  Subtitle.
   1-37              (B)  For the purposes of this section, the term
   1-38  "actually discovered" may not be construed, interpreted, or applied
   1-39  in a manner that refers to the time or date when, through
   1-40  reasonable diligence, an ordinarily prudent person could or should
   1-41  have discovered or known as a matter of law or fact of the
   1-42  violation in question, but the term shall be construed,
   1-43  interpreted, and applied to refer to the time of the discovery of
   1-44  the violation in fact.  However, the actual discovery of a
   1-45  violation in one transaction may constitute actual discovery of the
   1-46  same violation in other transactions if the violation actually
   1-47  discovered is of such a nature that it would necessarily be
   1-48  repeated and would be clearly apparent in the other transactions
   1-49  without the necessity of examining all the other transactions.  For
   1-50  purposes of this Section the giving of written notice shall be
   1-51  accomplished by and on the delivery of the notice to the person to
   1-52  whom the notice is directed or to the person's duly authorized
   1-53  agent or attorney of record.  The delivery shall be made in person
   1-54  or by United States mail to the address shown on the most recent
   1-55  documents in the transaction.  Deposit of the notice as registered
   1-56  or certified mail in a postage paid, properly addressed wrapper in
   1-57  a post office or official depository under the care and custody of
   1-58  the United States Postal Service constitutes prima facie evidence
   1-59  of the delivery of the notice to the person.
   1-60              (C)  A person has no liability to an obligor for a
   1-61  violation of this Subtitle if:
   1-62                    (i)  before March 1, 1994, the person corrects
   1-63  the violation as to the obligor by performing the required duty or
   1-64  act or by refunding any amount in excess of that authorized by law;
   1-65  and
   1-66                    (ii)  the person gives written notice to the
   1-67  obligor of the correction before the obligor has given written
   1-68  notice of or has filed an action alleging the violation of this
    2-1  Subtitle.
    2-2        (5)  The action of a person who corrects a violation of this
    2-3  Subtitle as provided by Section (4) of this Article is effective as
    2-4  to all persons in the same transaction, and those persons are
    2-5  entitled to the same protection as that provided by Section (4) of
    2-6  this Article to the person who makes the correction.
    2-7        SECTION 2.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended,
   2-12  and that this Act take effect and be in force from and after its
   2-13  passage, and it is so enacted.
   2-14                               * * * * *
   2-15                                                         Austin,
   2-16  Texas
   2-17                                                         March 30, 1993
   2-18  Hon. Bob Bullock
   2-19  President of the Senate
   2-20  Sir:
   2-21  We, your Committee on Economic Development to which was referred
   2-22  S.B. No. 605, have had the same under consideration, and I am
   2-23  instructed to report it back to the Senate with the recommendation
   2-24  that it do pass and be printed.
   2-25                                                         Parker,
   2-26  Chairman
   2-27                               * * * * *
   2-28                               WITNESSES
   2-29                                                  FOR   AGAINST  ON
   2-30  ___________________________________________________________________
   2-31  Name:  William G. McNinch                        x
   2-32  Representing:  Texas Bankers Association
   2-33  City:  Beaumont
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   2-35  Name:  Pamela Brown                                            x
   2-36  Representing:  Consumers Union
   2-37  City:  Austin
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   2-39  Name:  Rob Norcross                                            x
   2-40  Representing:  Texas Bankers Association
   2-41  City:  Austin
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   2-43  Name:  Don Adams                                 x
   2-44  Representing:  Ind. Bankers Assn. of Texas
   2-45  City:  Austin
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