By: Ellis, Carona, Van de Putte S.B. No. 99
A BILL TO BE ENTITLED
AN ACT
relating to the extension of credit to a victim of identity theft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 35, Business & Commerce
Code, is amended by adding Section 35.585 to read as follows:
Sec. 35.585. EXTENSION OF CREDIT TO VICTIM OF IDENTITY
THEFT. (a) In this section, "victim of identity theft" means an
individual who has filed a criminal complaint alleging the
commission of an offense under Section 32.51, Penal Code, other
than a person who is convicted of an offense under Section 37.08,
Penal Code, with respect to that complaint. A person may not deny
to an individual who has the capacity to contract an extension of
credit, including a loan, in the individual's name or restrict or
limit the credit extended solely because the individual has been a
victim of identity theft. This subsection does not prohibit a
person from denying an individual an extension of credit for a
reason other than because the individual has been a victim of
identity theft.
(b) A license issued under Subtitle B, Title 4, Finance
Code, that is held by a person who violates this section is subject
to revocation or suspension under that subtitle.
SECTION 2. This Act takes effect September 1, 2005.