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1 | 1 | 84R9074 GRM-D | |
2 | 2 | By: Turner of Tarrant H.B. No. 2239 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to prohibiting certain unsolicited mail by credit access | |
8 | 8 | businesses; providing a civil penalty. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Subchapter G, Chapter 393, Finance Code, is | |
11 | 11 | amended by adding Section 393.629 to read as follows: | |
12 | 12 | Sec. 393.629. CERTAIN UNSOLICITED MAIL PROHIBITED. (a) A | |
13 | 13 | credit access business may not send unsolicited direct mail that | |
14 | 14 | simulates or resembles a check or other negotiable instrument. | |
15 | 15 | (b) A person who violates this section is liable to the | |
16 | 16 | state for a civil penalty in an amount not to exceed $100 for each | |
17 | 17 | violation. The attorney general or the appropriate prosecuting | |
18 | 18 | attorney in the county in which the violation occurs may bring an | |
19 | 19 | action to recover the civil penalty imposed under this section. | |
20 | 20 | (c) Notwithstanding Section 393.501, a violation under this | |
21 | 21 | section is not a criminal offense. | |
22 | 22 | (d) Notwithstanding Sections 393.502, 393.503, and 393.504, | |
23 | 23 | this section does not create a private right of action. | |
24 | 24 | SECTION 2. This Act takes effect September 1, 2015. |