| 1 | 1 | | 87R6988 MWC-F |
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| 2 | 2 | | By: Hughes S.B. No. 1504 |
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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 requirements related to refunds and credit provided |
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| 8 | 8 | | under terminated debt cancellation agreements. |
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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. Section 354.007, Finance Code, is amended by |
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| 11 | 11 | | amending Subsections (e), (f), and (g) and adding Subsection (e-1) |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (e) If the debt cancellation agreement terminates due to the |
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| 14 | 14 | | early termination of the contract, a [the] holder who is a retail |
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| 15 | 15 | | seller shall, not later than the 60th day after the date the debt |
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| 16 | 16 | | cancellation agreement terminates: |
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| 17 | 17 | | (1) refund or credit an appropriate amount of the debt |
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| 18 | 18 | | cancellation agreement fee; or |
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| 19 | 19 | | (2) cause to be refunded or credited an appropriate |
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| 20 | 20 | | amount of the debt cancellation agreement fee by providing written |
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| 21 | 21 | | instruction, including by electronic means, to the administrator of |
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| 22 | 22 | | the agreement [appropriate person]. |
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| 23 | 23 | | (e-1) If the debt cancellation agreement terminates due to |
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| 24 | 24 | | the early termination of the contract, a holder, other than a retail |
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| 25 | 25 | | seller, shall, not later than the 30th day after the date the debt |
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| 26 | 26 | | cancellation agreement terminates: |
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| 27 | 27 | | (1) refund or credit an appropriate amount of the debt |
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| 28 | 28 | | cancellation agreement fee; or |
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| 29 | 29 | | (2) cause to be refunded or credited an appropriate |
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| 30 | 30 | | amount of the debt cancellation agreement fee by providing written |
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| 31 | 31 | | instruction, including by electronic means, to the administrator |
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| 32 | 32 | | of the agreement or retail seller, as appropriate. |
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| 33 | 33 | | (f) The administrator of the agreement or retail seller |
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| 34 | 34 | | [holder] shall ensure that a refund or credit of an amount of a debt |
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| 35 | 35 | | cancellation agreement fee made by another person under Subsection |
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| 36 | 36 | | (e)(2) or (e-1)(2) is made not later than the 60th day after the |
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| 37 | 37 | | date the debt cancellation agreement terminates. |
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| 38 | 38 | | (g) The administrator of the agreement or retail seller |
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| 39 | 39 | | [holder] shall maintain records of any refund or credit of an amount |
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| 40 | 40 | | of a debt cancellation agreement fee made under Subsection (e) or |
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| 41 | 41 | | (e-1) and provide electronic access to those records until the |
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| 42 | 42 | | later of the fourth anniversary of the date of the contract or the |
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| 43 | 43 | | second anniversary of the date of the refund or credit. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2021. |
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