Bill Text: TX HB975 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the threat or pursuit of criminal charges against a consumer in association with certain extensions of consumer credit.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-05-09 - Committee report sent to Calendars [HB975 Detail]
Download: Texas-2017-HB975-Comm_Sub.html
| 85R28043 GRM-F | |||
| By: Giddings, Bernal | H.B. No. 975 | ||
| Substitute the following for H.B. No. 975: | |||
| By: Stephenson | C.S.H.B. No. 975 | ||
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| 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, 2017. | ||
