87R1948 SRA-F
By: Walle H.B. No. 417
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 or assignee of a
credit services organization may not, unless the credit services
organization or representative or assignee of the credit services
organization has 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 or
provision of credit services 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 or
provision of credit services.
(b) For purposes of this section, evidence of a denied or
returned payment due to insufficient funds or account closure may
not be considered as evidence of an offense under Section 31.03,
31.04, or 32.41, Penal Code, and the presumptions provided by
Sections 31.06(a) and 32.41(b), Penal Code, do not apply.
SECTION 2. This Act takes effect September 1, 2021.