| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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. |