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A BILL TO BE ENTITLED
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AN ACT
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relating to the threat or pursuit of criminal charges against a |
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consumer in association with certain extensions of consumer credit; |
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providing a civil penalty; adding a provision subject to a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 393, Finance Code, is amended by adding |
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Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. CRIMINAL CHARGES AGAINST CONSUMER |
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Sec. 393.421. CRIMINAL CHARGE AGAINST CONSUMER. (a) A |
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credit services organization or a representative of a credit |
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services organization may not, unless the credit services |
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organization or representative of the credit services organization |
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has extrinsic evidence sufficient to prove that the consumer has |
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committed an offense under Section 31.03, 31.04, or 32.41, Penal |
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Code: |
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(1) file a criminal complaint or threaten to file a |
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criminal complaint related to an extension of consumer credit |
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against the consumer for an offense under Section 31.03, 31.04, or |
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32.41, Penal Code; or |
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(2) refer or threaten to refer a consumer to a |
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prosecutor under Article 102.007, Code of Criminal Procedure, for |
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the collection and processing of a check or similar sight order that |
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was issued in relation to an extension of consumer credit. |
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(b) Notwithstanding the presumptions provided by Sections |
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31.06(a) and 32.41(b), Penal Code, evidence of a denied or returned |
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payment due to insufficient funds or account closure is not |
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extrinsic evidence of an offense under Section 31.03, 31.04, or |
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32.41, Penal Code. |
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(c) Extrinsic evidence of an offense under Section 31.03, |
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31.04, or 32.41, Penal Code, includes evidence that the consumer |
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was not an authorized user of the account on which the payment was |
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drawn at the time the payment was provided. |
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Sec. 393.422. CIVIL REMEDIES. (a) For a violation of this |
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subchapter against a consumer, the consumer may sue to: |
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(1) receive injunctive relief to restrain the |
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violation or to correct any negative credit issues caused by the |
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violation; |
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(2) void the contract for the debt or the debt |
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services; or |
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(3) recover actual damages sustained as a result of |
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the violation. |
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(b) A consumer who successfully maintains an action under |
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Subsection (a) is entitled to reasonable attorney's fees and court |
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costs. |
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(c) If the attorney general reasonably believes that a |
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person is violating or is about to violate this subchapter, the |
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attorney general may bring an action in the name of this state |
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against the person to restrain or enjoin the person from violating |
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this subchapter. |
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(d) A consumer who successfully maintains an action under |
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this section for violation of this subchapter is entitled to not |
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less than $100 for each violation of this subchapter. |
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SECTION 2. This Act takes effect September 1, 2015. |