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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 88th |
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Legislature, Regular Session, 2023, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 4635 (organized crime, racketeering activities, and |
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collection of unlawful debts) to consider and take action on the |
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following matter: |
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Senate Rules 12.03(1), (2), and (3) are suspended to |
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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 |
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bill, so that the text of added Section 72.01(7), Penal Code, |
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reads as follows: |
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(7) "Unlawful debt" means any money or other thing |
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of value constituting principal or interest of a debt that is |
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wholly or partly legally unenforceable in this state because the |
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debt was 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, |
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or Section 11, Article XVI, Texas Constitution, relating to |
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interest and usury, if the usurious rate is at least twice the |
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enforceable rate; or |
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(iii) Chapter 47, relating to gambling; |
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or |
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(B) in gambling activity in violation of |
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federal law or in the business of lending money at a rate usurious |
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under state law if the usurious rate is at least twice the |
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enforceable rate. |
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Explanation: The change is necessary to provide the scope |
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of a usurious rate for purposes of the definition of "unlawful |
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debt" and make a nonsubstantive change to a citation. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 28, 2023, by a |
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viva-voce vote. |
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_______________________________ |
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Secretary of the Senate |