| 1 | 1 | | 85R28043 GRM-F |
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| 2 | 2 | | By: Giddings, Bernal H.B. No. 975 |
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| 3 | 3 | | Substitute the following for H.B. No. 975: |
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| 4 | 4 | | By: Stephenson C.S.H.B. No. 975 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the threat or pursuit of criminal charges against a |
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| 10 | 10 | | consumer in association with certain extensions of consumer credit. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 393, Finance Code, is amended by adding |
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| 13 | 13 | | Subchapter E-1 to read as follows: |
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| 14 | 14 | | SUBCHAPTER E-1. CRIMINAL CHARGES AGAINST CONSUMER |
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| 15 | 15 | | Sec. 393.421. CRIMINAL CHARGE AGAINST CONSUMER. (a) A |
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| 16 | 16 | | credit services organization or a representative of a credit |
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| 17 | 17 | | services organization may not, unless the credit services |
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| 18 | 18 | | organization or representative of the credit services organization |
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| 19 | 19 | | has extrinsic evidence sufficient to prove that the consumer has |
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| 20 | 20 | | committed an offense under Section 31.03, 31.04, or 32.41, Penal |
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| 21 | 21 | | Code: |
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| 22 | 22 | | (1) file a criminal complaint or threaten to file a |
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| 23 | 23 | | criminal complaint related to an extension of consumer credit |
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| 24 | 24 | | against the consumer for an offense under Section 31.03, 31.04, or |
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| 25 | 25 | | 32.41, Penal Code; or |
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| 26 | 26 | | (2) refer or threaten to refer a consumer to a |
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| 27 | 27 | | prosecutor under Article 102.007, Code of Criminal Procedure, for |
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| 28 | 28 | | the collection and processing of a check or similar sight order that |
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| 29 | 29 | | was issued in relation to an extension of consumer credit. |
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| 30 | 30 | | (b) Notwithstanding the presumptions provided by Sections |
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| 31 | 31 | | 31.06(a) and 32.41(b), Penal Code, evidence of a denied or returned |
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| 32 | 32 | | payment due to insufficient funds or account closure is not |
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| 33 | 33 | | extrinsic evidence of an offense under Section 31.03, 31.04, or |
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| 34 | 34 | | 32.41, Penal Code. |
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| 35 | 35 | | (c) Extrinsic evidence of an offense under Section 31.03, |
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| 36 | 36 | | 31.04, or 32.41, Penal Code, includes evidence that the consumer |
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| 37 | 37 | | was not an authorized user of the account on which the payment was |
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| 38 | 38 | | drawn at the time the payment was provided. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2017. |
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