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| 3 | 4 | | |
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| 4 | 5 | | R E S O L U T I O N |
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| 5 | 6 | | BE IT RESOLVED by the House of Representatives of the State of |
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| 6 | 7 | | Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, |
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| 7 | 8 | | Section 9(a), be suspended in part as provided by House Rule 13, |
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| 8 | 9 | | Section 9(f), to enable the conference committee appointed to |
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| 9 | 10 | | resolve the differences on House Bill 4635 (organized crime, |
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| 10 | 11 | | racketeering activities, and collection of unlawful debts) to |
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| 11 | 12 | | consider and take action on the following matter: |
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| 12 | 13 | | House Rule 13, Sections 9(a)(1), (2), and (3) are suspended |
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| 13 | 14 | | to permit the committee to change, alter, or amend text not in |
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| 14 | 15 | | disagreement by adding text on a matter not in disagreement and |
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| 15 | 16 | | omitting text not in disagreement in proposed SECTION 6 of the bill, |
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| 16 | 17 | | so that the text of added Section 72.01(7), Penal Code, reads as |
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| 17 | 18 | | follows: |
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| 18 | 19 | | (7) "Unlawful debt" means any money or other thing of |
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| 19 | 20 | | value constituting principal or interest of a debt that is wholly or |
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| 20 | 21 | | partly legally unenforceable in this state because the debt was |
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| 21 | 22 | | incurred or contracted: |
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| 22 | 23 | | (A) in violation of: |
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| 23 | 24 | | (i) the Texas Racing Act (Subtitle A-1, |
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| 24 | 25 | | Title 13, Occupations Code, and Article 179e, Revised Civil |
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| 25 | 26 | | Statutes); |
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| 26 | 27 | | (ii) Subtitle A, Title 4, Finance Code, or |
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| 27 | 28 | | Section 11, Article XVI, Texas Constitution, relating to interest |
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| 28 | 29 | | and usury, if the usurious rate is at least twice the enforceable |
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| 29 | 30 | | rate; or |
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| 30 | 31 | | (iii) Chapter 47, relating to gambling; or |
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| 31 | 32 | | (B) in gambling activity in violation of federal |
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| 32 | 33 | | law or in the business of lending money at a rate usurious under |
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| 33 | 34 | | state law if the usurious rate is at least twice the enforceable |
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| 34 | 35 | | rate. |
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| 35 | 36 | | Explanation: The change is necessary to provide the scope of |
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| 36 | 37 | | a usurious rate for purposes of the definition of "unlawful debt" |
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| 37 | 38 | | and make a nonsubstantive change to a citation. |
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