| 1 | 1 | | 87R7236 MLH-D |
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| 2 | 2 | | By: Raymond H.B. No. 4232 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the establishment of the COVID-19 Consumer and Investor |
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| 8 | 8 | | Fraud Task Force. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. DEFINITIONS. In this Act: |
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| 11 | 11 | | (1) "COVID-19" means the 2019 novel coronavirus |
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| 12 | 12 | | disease. |
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| 13 | 13 | | (2) "COVID-19 public health emergency" means a state |
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| 14 | 14 | | of disaster declared in a proclamation or executive order issued by |
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| 15 | 15 | | the governor in response to COVID-19, including a continuation of |
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| 16 | 16 | | the state of disaster under a renewal of the proclamation or |
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| 17 | 17 | | executive order. |
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| 18 | 18 | | (3) "Task force" means the COVID-19 Consumer and |
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| 19 | 19 | | Investor Fraud Task Force established under this Act. |
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| 20 | 20 | | SECTION 2. ESTABLISHMENT OF TASK FORCE. The COVID-19 |
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| 21 | 21 | | Consumer and Investor Fraud Task Force is established to help |
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| 22 | 22 | | protect consumers and investors by preventing and reducing the |
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| 23 | 23 | | incidences of fraud related to the COVID-19 public health |
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| 24 | 24 | | emergency. |
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| 25 | 25 | | SECTION 3. TASK FORCE MEMBERSHIP. (a) The task force is |
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| 26 | 26 | | composed of representatives of the following agencies: |
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| 27 | 27 | | (1) the office of the attorney general; |
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| 28 | 28 | | (2) the Office of Consumer Credit Commissioner; |
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| 29 | 29 | | (3) the Texas Department of Banking; |
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| 30 | 30 | | (4) the Department of Savings and Mortgage Lending; |
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| 31 | 31 | | and |
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| 32 | 32 | | (5) the State Securities Board. |
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| 33 | 33 | | (b) The executive head of each agency listed in Subsection |
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| 34 | 34 | | (a) of this section shall appoint a representative to serve as the |
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| 35 | 35 | | agency's representative on the task force not later than October 1, |
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| 36 | 36 | | 2021. |
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| 37 | 37 | | SECTION 4. PRESIDING OFFICER; MEETINGS. (a) The members of |
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| 38 | 38 | | the task force shall select the presiding officer of the task force. |
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| 39 | 39 | | (b) The presiding officer shall call the initial meeting of |
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| 40 | 40 | | the task force on or before January 1, 2022. Subject to Subsection |
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| 41 | 41 | | (c) of this section, the task force shall meet at the times and |
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| 42 | 42 | | places that the presiding officer determines are appropriate. |
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| 43 | 43 | | (c) Notwithstanding Chapter 551, Government Code, or any |
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| 44 | 44 | | other law, the task force may meet by telephone conference call, |
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| 45 | 45 | | videoconference, or other similar telecommunication method. A |
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| 46 | 46 | | meeting held by telephone conference call, videoconference, or |
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| 47 | 47 | | other similar telecommunication method is subject to the |
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| 48 | 48 | | requirements of Sections 551.125(c), (d), (e), and (f), Government |
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| 49 | 49 | | Code. |
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| 50 | 50 | | SECTION 5. DUTIES OF TASK FORCE. (a) The task force shall |
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| 51 | 51 | | facilitate collaboration between the agencies represented on the |
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| 52 | 52 | | task force to: |
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| 53 | 53 | | (1) provide information and resources to help |
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| 54 | 54 | | consumers and investors avoid becoming a victim of fraud related to |
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| 55 | 55 | | the COVID-19 public health emergency; |
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| 56 | 56 | | (2) provide information and resources, including |
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| 57 | 57 | | legal aid resources, to help consumers and investors who have been |
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| 58 | 58 | | victims of fraud during the COVID-19 public health emergency; and |
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| 59 | 59 | | (3) recommend further action to reduce and combat the |
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| 60 | 60 | | prevalence of fraud relating to the COVID-19 public health |
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| 61 | 61 | | emergency. |
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| 62 | 62 | | (b) The task force shall coordinate and collaborate with |
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| 63 | 63 | | other state agencies not participating in the task force as |
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| 64 | 64 | | appropriate. |
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| 65 | 65 | | SECTION 6. REPORT. The task force shall submit a quarterly |
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| 66 | 66 | | written report to the governor, the lieutenant governor, the |
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| 67 | 67 | | speaker of the house of representatives, and each member of the |
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| 68 | 68 | | legislature, detailing: |
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| 69 | 69 | | (1) the information and resources made publicly |
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| 70 | 70 | | available to consumers by the agencies represented on the task |
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| 71 | 71 | | force; |
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| 72 | 72 | | (2) the number of consumer complaints received by the |
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| 73 | 73 | | agencies represented on the task force that allege fraud that |
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| 74 | 74 | | occurred during the COVID-19 public health emergency; |
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| 75 | 75 | | (3) the nature of the consumer complaints described by |
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| 76 | 76 | | Subdivision (2) of this section; and |
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| 77 | 77 | | (4) recommendations of further action that can be |
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| 78 | 78 | | taken by the state to prevent and reduce the incidence of fraud |
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| 79 | 79 | | during the COVID-19 public health emergency. |
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| 80 | 80 | | SECTION 7. EXPIRATION. The task force is abolished and this |
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| 81 | 81 | | Act expires on the one-year anniversary of the date the final |
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| 82 | 82 | | COVID-19 public health emergency declaration terminates. |
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| 83 | 83 | | SECTION 8. EFFECTIVE DATE. This Act takes effect |
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| 84 | 84 | | immediately if it receives a vote of two-thirds of all the members |
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| 85 | 85 | | elected to each house, as provided by Section 39, Article III, Texas |
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| 86 | 86 | | Constitution. If this Act does not receive the vote necessary for |
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| 87 | 87 | | immediate effect, this Act takes effect September 1, 2021. |
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