84R9074 GRM-D
By: Turner of Tarrant H.B. No. 2239
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain unsolicited mail by credit access
businesses; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 393, Finance Code, is
amended by adding Section 393.629 to read as follows:
Sec. 393.629. CERTAIN UNSOLICITED MAIL PROHIBITED. (a) A
credit access business may not send unsolicited direct mail that
simulates or resembles a check or other negotiable instrument.
(b) A person who violates this section is liable to the
state for a civil penalty in an amount not to exceed $100 for each
violation. The attorney general or the appropriate prosecuting
attorney in the county in which the violation occurs may bring an
action to recover the civil penalty imposed under this section.
(c) Notwithstanding Section 393.501, a violation under this
section is not a criminal offense.
(d) Notwithstanding Sections 393.502, 393.503, and 393.504,
this section does not create a private right of action.
SECTION 2. This Act takes effect September 1, 2015.