86R1675 GRM-F
 
  By: Walle H.B. No. 874
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the threat or pursuit of criminal charges against a
  consumer in association with certain extensions of consumer credit.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 393, Finance Code, is amended by adding
  Subchapter E-1 to read as follows:
  SUBCHAPTER E-1.  CRIMINAL CHARGES AGAINST CONSUMER
         Sec. 393.421.  CRIMINAL CHARGE AGAINST CONSUMER. (a)  A
  credit services organization or a representative of a credit
  services organization may not, unless the credit services
  organization or representative of the credit services organization
  has extrinsic evidence sufficient to prove that the consumer has
  committed an offense under Section 31.03, 31.04, or 32.41, Penal
  Code:
               (1)  file a criminal complaint or threaten to file a
  criminal complaint related to an extension of consumer credit
  against the consumer for an offense under Section 31.03, 31.04, or
  32.41, Penal Code; or
               (2)  refer or threaten to refer a consumer to a
  prosecutor under Article 102.007, Code of Criminal Procedure, for
  the collection and processing of a check or similar sight order that
  was issued in relation to an extension of consumer credit.
         (b)  Notwithstanding the presumptions provided by Sections
  31.06(a) and 32.41(b), Penal Code, evidence of a denied or returned
  payment due to insufficient funds or account closure is not
  extrinsic evidence of an offense under Section 31.03, 31.04, or
  32.41, Penal Code.
         (c)  Extrinsic evidence of an offense under Section 31.03,
  31.04, or 32.41, Penal Code, includes evidence that the consumer
  was not an authorized user of the account on which the payment was
  drawn at the time the payment was provided.
         SECTION 2.  This Act takes effect September 1, 2019.