SRC-AMY S.B. 533 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 533
By: Carona
Business & Commerce
6-13-2003
Enrolled
DIGEST AND PURPOSE 

Currently, Chapter 20 of the Business & Commerce Code regulates credit
bureaus and Chapter 392 of the Finance Code regulates both debt collectors
and credit bureaus, which can cause confusion in enforcement and clarity
of parties' responsibilities in a dispute.  S.B. 533 deletes all
references to credit bureaus from Chapter 392 of the Finance Code.  S.B.
533 also requires a debt collector to make a written record of a dispute.
The bill requires the third-party debt collector cease collection efforts
until the accurate amount of the debt, if any, is determined, by an
investigation.  Additionally, the bill requires a debt collector to inform
a consumer during an initial conversation that information obtained will
be used to collect a debt and in subsequent communication to state that
the communication is from a debt collector. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 392.202, Finance Code, as follows:

Sec. 392.202.  CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT
BUREAU'S FILES.  (a) Authorizes an individual to notify the third-party
debt collector in writing about a disputed item in a third-party debt
collector's or credit bureau's file that relates to a debt being collected
by the third-party debt collector. Deletes text referring to the credit
bureau as an alternative recipient for the written notification of the
alleged inaccuracy.  Requires the third-party debt collector to make a
written record of the dispute.  Requires the third-party debt collector
that does not inform the credit bureau of information related to the
dispute to cease collection efforts until an investigation of the dispute,
described by Subsections (b) - (e), determines the accurate amount of the
debt, if any. Requires the reporting third-party debt collector to
initiate an investigation of the dispute, described by Subsections (b) -
(e), and cease collection efforts until the investigation determines the
accurate amount of the debt, if any.  Provides that this section does not
affect the application of Chapter 20, Business and Commerce Code
(Regulation of Consumer Credit Reporting Agencies), to a third-party debt
collector subject to that chapter. Deletes text requiring the third-party
debt collector or credit bureau to provide forms for and assistance with
the notice. 

(b) Requires a third-party debt collector initiating an investigation to
send a written statement to the individual not later than the 30th day
after the date the inaccuracy is received.  Makes conforming changes. 

(c) Requires the third-party debt collector, if it admits the item is
inaccurate under Subsection (b), to correct the item within five days and
to immediately cease collection efforts related to the portion of the debt
that was found to be inaccurate and on correction of the item send, to
each person who has previously received a report from the third-party debt
collector containing inaccurate information, notice of the inaccuracy and
a copy of an accurate report. 

(d) Requires the third-party debt collector to change the item as
requested, send a notice to the people and with the information set forth
in Subsection (c), and cease  collection efforts, deletes specification of
the item involving debt,  if the thirdparty debt collector contends that
there has not been sufficient time to conduct and investigation.  Makes
conforming changes. 

(e) Makes conforming changes.

SECTION 2.  Amends Section 392.304(a), Finance Code, to prohibit, unless
in a formal pleading in connection with a legal action, the third-party
debt collector from failing to disclose that the debt collector is
attempting to collect a debt and that any information obtained will be
used for that purpose, if it is the initial communication with the debtor,
or that the communication is from a debt collector if it is subsequent to
written or oral communication. 

SECTION 3.  Amends Section 20.06(d), Business & Commerce Code, to delete
text referring to the request of the consumer. 

SECTION 4.  Effective date: September 1, 2003.