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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain unsolicited mail by credit access |
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businesses; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 393, Finance Code, is |
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amended by adding Section 393.629 to read as follows: |
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Sec. 393.629. CERTAIN UNSOLICITED MAIL PROHIBITED. (a) A |
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credit access business may not send unsolicited direct mail that |
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simulates or resembles a check or other negotiable instrument. |
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(b) A person who violates this section is liable to the |
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state for a civil penalty in an amount not to exceed $100 for each |
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violation. The attorney general or the appropriate prosecuting |
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attorney in the county in which the violation occurs may bring an |
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action to recover the civil penalty imposed under this section. |
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(c) Notwithstanding Section 393.501, a violation under this |
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section is not a criminal offense. |
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(d) Notwithstanding Sections 393.502, 393.503, and 393.504, |
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this section does not create a private right of action. |
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SECTION 2. This Act takes effect September 1, 2015. |