81R4785 KFF-F
By: Thompson H.B. No. 1572
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of statutory damages against a debt
collector or third-party debt collector for improper debt
collection activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 392.403(a) and (e), Finance Code, are
amended to read as follows:
(a) A person may sue for:
(1) injunctive relief to prevent or restrain a
violation of this chapter; [and]
(2) actual damages sustained as a result of a
violation of this chapter; and
(3) statutory damages as described by Subsection (e).
(e) A debt collector or third-party debt collector who
violates this chapter with respect to a person is liable to that
person in an amount equal to [A person who successfully maintains an
action under this section for violation of Section 392.101,
392.202, or 392.301(a)(3) is entitled to not less than] $100 for
each violation [of this chapter].
SECTION 2. The changes in law made by this Act apply only to
a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.