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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 4635 (organized crime, |
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racketeering activities, and collection of unlawful debts) to |
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consider and take action on the following matter: |
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House Rule 13, Sections 9(a)(1), (2), and (3) are suspended |
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to permit the committee to change, alter, or amend text not in |
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disagreement by adding text on a matter not in disagreement and |
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omitting text not in disagreement in proposed SECTION 6 of the bill, |
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so that the text of added Section 72.01(7), Penal Code, reads as |
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follows: |
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(7) "Unlawful debt" means any money or other thing of |
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value constituting principal or interest of a debt that is wholly or |
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partly legally unenforceable in this state because the debt was |
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incurred or contracted: |
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(A) in violation of: |
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(i) the Texas Racing Act (Subtitle A-1, |
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Title 13, Occupations Code, and Article 179e, Revised Civil |
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Statutes); |
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(ii) Subtitle A, Title 4, Finance Code, or |
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Section 11, Article XVI, Texas Constitution, relating to interest |
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and usury, if the usurious rate is at least twice the enforceable |
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rate; or |
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(iii) Chapter 47, relating to gambling; or |
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(B) in gambling activity in violation of federal |
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law or in the business of lending money at a rate usurious under |
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state law if the usurious rate is at least twice the enforceable |
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rate. |
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Explanation: The change is necessary to provide the scope of |
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a usurious rate for purposes of the definition of "unlawful debt" |
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and make a nonsubstantive change to a citation. |