Bill Text: TX HB3058 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the threat or pursuit of criminal charges against a consumer in association with certain extensions of consumer credit; providing a civil penalty; adding a provision subject to a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-29 - Left pending in committee [HB3058 Detail]
Download: Texas-2015-HB3058-Introduced.html
| 84R10187 DDT-F | ||
| By: Giddings | H.B. No. 3058 | |
|
|
||
|
|
||
| relating to the threat or pursuit of criminal charges against a | ||
| consumer in association with certain extensions of consumer credit; | ||
| providing a civil penalty; adding a provision subject to a criminal | ||
| penalty. | ||
| 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. | ||
| Sec. 393.422. CIVIL REMEDIES. (a) For a violation of this | ||
| subchapter against a consumer, the consumer may sue to: | ||
| (1) receive injunctive relief to restrain the | ||
| violation or to correct any negative credit issues caused by the | ||
| violation; | ||
| (2) void the contract for the debt or the debt | ||
| services; or | ||
| (3) recover actual damages sustained as a result of | ||
| the violation. | ||
| (b) A consumer who successfully maintains an action under | ||
| Subsection (a) is entitled to reasonable attorney's fees and court | ||
| costs. | ||
| (c) If the attorney general reasonably believes that a | ||
| person is violating or is about to violate this subchapter, the | ||
| attorney general may bring an action in the name of this state | ||
| against the person to restrain or enjoin the person from violating | ||
| this subchapter. | ||
| (d) A consumer who successfully maintains an action under | ||
| this section for violation of this subchapter is entitled to not | ||
| less than $100 for each violation of this subchapter. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
