87R7236 MLH-D
By: Raymond H.B. No. 4232
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the COVID-19 Consumer and Investor
Fraud Task Force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "COVID-19 public health emergency" means a state
of disaster declared in a proclamation or executive order issued by
the governor in response to COVID-19, including a continuation of
the state of disaster under a renewal of the proclamation or
executive order.
(3) "Task force" means the COVID-19 Consumer and
Investor Fraud Task Force established under this Act.
SECTION 2. ESTABLISHMENT OF TASK FORCE. The COVID-19
Consumer and Investor Fraud Task Force is established to help
protect consumers and investors by preventing and reducing the
incidences of fraud related to the COVID-19 public health
emergency.
SECTION 3. TASK FORCE MEMBERSHIP. (a) The task force is
composed of representatives of the following agencies:
(1) the office of the attorney general;
(2) the Office of Consumer Credit Commissioner;
(3) the Texas Department of Banking;
(4) the Department of Savings and Mortgage Lending;
and
(5) the State Securities Board.
(b) The executive head of each agency listed in Subsection
(a) of this section shall appoint a representative to serve as the
agency's representative on the task force not later than October 1,
2021.
SECTION 4. PRESIDING OFFICER; MEETINGS. (a) The members of
the task force shall select the presiding officer of the task force.
(b) The presiding officer shall call the initial meeting of
the task force on or before January 1, 2022. Subject to Subsection
(c) of this section, the task force shall meet at the times and
places that the presiding officer determines are appropriate.
(c) Notwithstanding Chapter 551, Government Code, or any
other law, the task force may meet by telephone conference call,
videoconference, or other similar telecommunication method. A
meeting held by telephone conference call, videoconference, or
other similar telecommunication method is subject to the
requirements of Sections 551.125(c), (d), (e), and (f), Government
Code.
SECTION 5. DUTIES OF TASK FORCE. (a) The task force shall
facilitate collaboration between the agencies represented on the
task force to:
(1) provide information and resources to help
consumers and investors avoid becoming a victim of fraud related to
the COVID-19 public health emergency;
(2) provide information and resources, including
legal aid resources, to help consumers and investors who have been
victims of fraud during the COVID-19 public health emergency; and
(3) recommend further action to reduce and combat the
prevalence of fraud relating to the COVID-19 public health
emergency.
(b) The task force shall coordinate and collaborate with
other state agencies not participating in the task force as
appropriate.
SECTION 6. REPORT. The task force shall submit a quarterly
written report to the governor, the lieutenant governor, the
speaker of the house of representatives, and each member of the
legislature, detailing:
(1) the information and resources made publicly
available to consumers by the agencies represented on the task
force;
(2) the number of consumer complaints received by the
agencies represented on the task force that allege fraud that
occurred during the COVID-19 public health emergency;
(3) the nature of the consumer complaints described by
Subdivision (2) of this section; and
(4) recommendations of further action that can be
taken by the state to prevent and reduce the incidence of fraud
during the COVID-19 public health emergency.
SECTION 7. EXPIRATION. The task force is abolished and this
Act expires on the one-year anniversary of the date the final
COVID-19 public health emergency declaration terminates.
SECTION 8. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2021.