By:  Madla                                             S.B. No. 870
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the authority of the consumer credit commissioner and
    1-2  to the regulation of certain consumer credit practices; providing
    1-3  penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 2.02A, Title 79, Revised Statutes
    1-6  (Article 5069-2.02A, Vernon's Texas Civil Statutes), is amended by
    1-7  adding Section (12) to read as follows:
    1-8        (12)(a)  The Consumer Credit Commissioner may not accept or
    1-9  use money offered by an individual, firm, partnership, corporation,
   1-10  or association either (i) for investigating or prosecuting a matter
   1-11  or (ii) if that individual, firm, partnership, corporation, or
   1-12  association is affiliated with any industry under the regulatory
   1-13  jurisdiction of the Finance Commission.
   1-14        (b)  The Consumer Credit Commissioner may accept money,
   1-15  gifts, and grants on behalf of the state for purposes related to
   1-16  consumer credit educational opportunities or to assist local
   1-17  governments in the exercise of their police power unless the
   1-18  acceptance is prohibited under Subsection (a) of this section or
   1-19  other law.  Money received under this subsection shall be deposited
   1-20  in the general revenue fund to the credit of an account established
   1-21  for the receipt of those funds and may be appropriated only for the
   1-22  purposes for which the money was given.  Acceptance and use of
   1-23  money under this subsection is subject to approval of the Finance
   1-24  Commission.
    2-1        (c)  Notwithstanding Subsection (a), the Consumer Credit
    2-2  Commissioner is not prohibited from receiving and using money from
    2-3  persons under the jurisdiction of the commissioner if expressly
    2-4  authorized by law.
    2-5        SECTION 2.  Article 2.06, Title 79, Revised Statutes (Article
    2-6  5069-2.06, Vernon's Texas Civil Statutes), is amended to read as
    2-7  follows:
    2-8        Art. 2.06.  ADVERTISING.  (1)  No person shall advertise or
    2-9  cause to be advertised, in any manner whatsoever, any false,
   2-10  misleading or deceptive statement or representation with regard to
   2-11  the rates, terms or conditions of any loan or credit transaction
   2-12  regulated by the statutes listed by Section (1), Article 2.02A of
   2-13  this title <Subtitle Two>.  If rates or charges are stated in
   2-14  advertising they shall be stated fully and clearly.
   2-15        (2)  A person may not advertise or otherwise perform any act
   2-16  or offer any service that would cause another to believe that the
   2-17  person is offering to make, arrange, or negotiate a loan that is
   2-18  subject to the statutes listed by Section (1), Article 2.02A, of
   2-19  this title unless the person is authorized to perform that act or
   2-20  offer that service as:
   2-21              (a)  a credit service organization under Chapter 18,
   2-22  Business & Commerce Code;
   2-23              (b)  a pawnbroker under the Texas Pawnshop Act (Article
   2-24  5069-51.01 et seq., Vernon's Texas Civil Statutes); or
   2-25              (c)  an authorized lender under this subtitle.
   2-26        (3)  A person commits an offense if the person violates
   2-27  Section (2) of this article.  An offense under this section is a
    3-1  Class A misdemeanor.
    3-2        (4)  A person who violates Section (2) of this article also
    3-3  is subject to the penalties provided under Chapter 8 of this title
    3-4  and to any civil penalties that the Consumer Credit Commissioner
    3-5  may assess.
    3-6        (5)  In each advertisement that purports to offer credit
    3-7  subject to the statutes listed by Section (1), Article 2.02A, of
    3-8  this title, the advertiser shall disclose the legal or properly
    3-9  registered name of the advertiser and the physical address of the
   3-10  advertiser's place of business unless the advertisement is located
   3-11  on the premises of the advertiser's place of business.  This
   3-12  section does not apply to a federally insured depository
   3-13  institution or to a person engaged in interstate commerce who
   3-14  advertises under a generally recognized trade name, abbreviated
   3-15  form of a trade name, or logo.
   3-16        SECTION 3.  Article 2.07, Title 79, Revised Statutes (Article
   3-17  5069-2.07, Vernon's Texas Civil Statutes), is amended to read as
   3-18  follows:
   3-19        Art. 2.07.  CREDIT AND LOANS TO INDIVIDUALS.  No authorized
   3-20  lender <licensee> under Chapter 3 of this Title or other person
   3-21  involved in transactions subject to this Title may deny an
   3-22  individual who has the capacity to contract credit or loans in his
   3-23  or her name, or restrict or limit the credit or loan granted
   3-24  <solely> on the basis of sex, race, color, religion, <or> national
   3-25  origin, marital status, or age or because all or part of the
   3-26  individual's income derives from a public assistance program or the
   3-27  individual has in good faith exercised any right under the Consumer
    4-1  Credit Protection Act (15 U.S.C. Section 1601 et seq.; 18 U.S.C.
    4-2  Section 891 et seq.).  In interpreting this section, the courts and
    4-3  administrative agencies shall be guided by the federal Equal Credit
    4-4  Opportunity Act  and regulations thereunder and interpretations
    4-5  thereof by the Federal Reserve Board to the extent that that Act
    4-6  and those regulations and interpretations pertain to conduct
    4-7  prohibited by this section.
    4-8        SECTION 4.  Section (a), Article 8.06, Title 79, Revised
    4-9  Statutes (Article 5069-8.06, Vernon's Texas Civil Statutes), is
   4-10  amended to read as follows:
   4-11        (a)  Any person who violates the terms of Article 2.07 of
   4-12  this Title is liable to the aggrieved individual for the actual
   4-13  damages caused by the denial, punitive damages not to exceed
   4-14  $10,000 in an action brought by the aggrieved individual <or for
   4-15  $50.00, whichever is greater>, and court costs.  The liability of
   4-16  any person under this Article for a violation of Article 2.07 of
   4-17  this Title is in lieu of and not in addition to that person's
   4-18  liability under Title VII of the Consumer Credit Protection Act (15
   4-19  U.S.C.  Section 1691 et seq.).  If the same act or omission
   4-20  constitutes a violation of Article 2.07 of this Title and of
   4-21  applicable federal law, the person aggrieved by that conduct may
   4-22  bring a legal action to recover monetary damages either under this
   4-23  Article or under that federal law, but not both.
   4-24        SECTION 5.  This Act applies only to acts done and
   4-25  transactions entered into on or after the effective date of this
   4-26  Act.  Acts done and transactions entered into before the effective
   4-27  date of this Act are governed by the law in effect immediately
    5-1  before this Act takes effect, and that law continues in effect for
    5-2  that purpose.
    5-3        SECTION 6.  This Act takes effect September 1, 1995.
    5-4        SECTION 7.  The importance of this legislation and the
    5-5  crowded condition of the calendars in both houses create an
    5-6  emergency and an imperative public necessity that the
    5-7  constitutional rule requiring bills to be read on three several
    5-8  days in each house be suspended, and this rule is hereby suspended.