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R E S O L U T I O N
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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 House |
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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 permit |
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the committee to change, alter, or amend text not in disagreement by |
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adding text on a matter not in disagreement and omitting text not in |
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disagreement in proposed SECTION 6 of the bill, so that the text of |
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added Section 72.01(7), Penal Code, reads as 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. |