1-1  By:  Madla                                             S.B. No. 870
    1-2        (In the Senate - Filed March 2, 1995; March 6, 1995, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  April 12, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; April 12, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 870                    By:  Madla
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the authority of the consumer credit commissioner and
   1-11  to the regulation of certain consumer credit practices; providing
   1-12  penalties.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Article 2.02A, Title 79, Revised Statutes
   1-15  (Article 5069-2.02A, Vernon's Texas Civil Statutes), is amended by
   1-16  adding Section (12) to read as follows:
   1-17        (12)(a)  The Consumer Credit Commissioner may not accept or
   1-18  use money offered by an individual, firm, partnership, corporation,
   1-19  or association either (i) for investigating or prosecuting a matter
   1-20  or (ii) if that individual, firm, partnership, corporation, or
   1-21  association is affiliated with any industry under the regulatory
   1-22  jurisdiction of the Finance Commission.
   1-23        (b)  The Consumer Credit Commissioner may accept money,
   1-24  gifts, and grants on behalf of the state for purposes related to
   1-25  consumer credit educational opportunities or to assist local
   1-26  governments in the exercise of their police power unless the
   1-27  acceptance is prohibited under Subsection (a) of this section or
   1-28  other law.  Money received under this subsection shall be deposited
   1-29  in the general revenue fund to the credit of an account established
   1-30  for the receipt of those funds and may be appropriated only for the
   1-31  purposes for which the money was given.  Acceptance and use of
   1-32  money under this subsection is subject to approval of the Finance
   1-33  Commission.
   1-34        (c)  Notwithstanding Subsection (a), the Consumer Credit
   1-35  Commissioner is not prohibited from receiving and using money from
   1-36  persons under the jurisdiction of the commissioner if expressly
   1-37  authorized by law.
   1-38        SECTION 2.  Article 2.06, Title 79, Revised Statutes (Article
   1-39  5069-2.06, Vernon's Texas Civil Statutes), is amended to read as
   1-40  follows:
   1-41        Art. 2.06.  ADVERTISING.  (1)  No person shall advertise or
   1-42  cause to be advertised, in any manner whatsoever, any false,
   1-43  misleading or deceptive statement or representation with regard to
   1-44  the rates, terms or conditions of any loan or credit transaction
   1-45  regulated by the statutes listed by Section (1), Article 2.02A of
   1-46  this title <Subtitle Two>.  If rates or charges are stated in
   1-47  advertising they shall be stated fully and clearly.
   1-48        (2)  A person may not advertise or otherwise perform any act
   1-49  or offer any service that would cause another to believe that the
   1-50  person is offering to make, arrange, or negotiate a loan that is
   1-51  subject to the statutes listed by Section (1), Article 2.02A, of
   1-52  this title unless the person is authorized to perform that act or
   1-53  offer that service as:
   1-54              (a)  a credit service organization under Chapter 18,
   1-55  Business & Commerce Code;
   1-56              (b)  a pawnbroker under the Texas Pawnshop Act (Article
   1-57  5069-51.01 et seq., Vernon's Texas Civil Statutes); or
   1-58              (c)  an authorized lender under this subtitle.
   1-59        (3)  A person commits an offense if the person violates
   1-60  Section (2) of this article.  An offense under this section is a
   1-61  Class A misdemeanor.
   1-62        (4)  A person who violates Section (2) of this article also
   1-63  is subject to the penalties provided under Chapter 8 of this title
   1-64  and to any civil penalties that the Consumer Credit Commissioner
   1-65  may assess.
   1-66        (5)  In each advertisement that purports to offer credit
   1-67  subject to the statutes listed by Section (1), Article 2.02A, of
   1-68  this title, the advertiser shall disclose the legal or properly
    2-1  registered name of the advertiser and the physical address of the
    2-2  advertiser's place of business unless the advertisement is located
    2-3  on the premises of the advertiser's place of business.  This
    2-4  section does not apply to a federally insured depository
    2-5  institution or to a person engaged in interstate commerce who
    2-6  advertises under a generally recognized trade name, abbreviated
    2-7  form of a trade name, or logo.
    2-8        SECTION 3.  Article 2.07, Title 79, Revised Statutes (Article
    2-9  5069-2.07, Vernon's Texas Civil Statutes), is amended to read as
   2-10  follows:
   2-11        Art. 2.07.  CREDIT AND LOANS TO INDIVIDUALS.  No authorized
   2-12  lender <licensee> under Chapter 3 of this Title or other person
   2-13  involved in transactions subject to this Title may deny an
   2-14  individual who has the capacity to contract credit or loans in his
   2-15  or her name, or restrict or limit the credit or loan granted
   2-16  <solely> on the basis of sex, race, color, religion, <or> national
   2-17  origin, marital status, or age or because all or part of the
   2-18  individual's income derives from a public assistance program or the
   2-19  individual has in good faith exercised any right under the Consumer
   2-20  Credit Protection Act (15 U.S.C. Section 1601 et seq.; 18 U.S.C.
   2-21  Section 891 et seq.).  In interpreting this section, the courts and
   2-22  administrative agencies shall be guided by the federal Equal Credit
   2-23  Opportunity Act  and regulations thereunder and interpretations
   2-24  thereof by the Federal Reserve Board to the extent that that Act
   2-25  and those regulations and interpretations pertain to conduct
   2-26  prohibited by this section.
   2-27        SECTION 4.  Section (a), Article 8.06, Title 79, Revised
   2-28  Statutes (Article 5069-8.06, Vernon's Texas Civil Statutes), is
   2-29  amended to read as follows:
   2-30        (a)  Any person who violates the terms of Article 2.07 of
   2-31  this Title is liable to the aggrieved individual for the actual
   2-32  damages caused by the denial, punitive damages not to exceed
   2-33  $10,000 in an action brought by the aggrieved individual <or for
   2-34  $50.00, whichever is greater>, and court costs.  The liability of
   2-35  any person under this Article for a violation of Article 2.07 of
   2-36  this Title is in lieu of and not in addition to that person's
   2-37  liability under Title VII of the Consumer Credit Protection Act (15
   2-38  U.S.C.  Section 1691 et seq.).  If the same act or omission
   2-39  constitutes a violation of Article 2.07 of this Title and of
   2-40  applicable federal law, the person aggrieved by that conduct may
   2-41  bring a legal action to recover monetary damages either under this
   2-42  Article or under that federal law, but not both.
   2-43        SECTION 5.  This Act applies only to acts done and
   2-44  transactions entered into on or after the effective date of this
   2-45  Act.  Acts done and transactions entered into before the effective
   2-46  date of this Act are governed by the law in effect immediately
   2-47  before this Act takes effect, and that law continues in effect for
   2-48  that purpose.
   2-49        SECTION 6.  This Act takes effect September 1, 1995.
   2-50        SECTION 7.  The importance of this legislation and the
   2-51  crowded condition of the calendars in both houses create an
   2-52  emergency and an imperative public necessity that the
   2-53  constitutional rule requiring bills to be read on three several
   2-54  days in each house be suspended, and this rule is hereby suspended.
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