88R33030 SCL-D
By: Flores S.R. No. 700
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 88th
Legislature, Regular Session, 2023, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on House
Bill 4635 (organized crime, racketeering activities, and
collection of unlawful debts) to consider and take action on the
following matter:
Senate Rules 12.03(1), (2), and (3) are suspended to permit
the committee to change, alter, or amend text not in disagreement by
adding text on a matter not in disagreement and omitting text not in
disagreement in proposed SECTION 6 of the bill, so that the text of
added Section 72.01(7), Penal Code, reads as follows:
(7) "Unlawful debt" means any money or other thing of
value constituting principal or interest of a debt that is wholly or
partly legally unenforceable in this state because the debt was
incurred or contracted:
(A) in violation of:
(i) the Texas Racing Act (Subtitle A-1,
Title 13, Occupations Code, and Article 179e, Revised Civil
Statutes);
(ii) Subtitle A, Title 4, Finance Code, or
Section 11, Article XVI, Texas Constitution, relating to interest
and usury, if the usurious rate is at least twice the enforceable
rate; or
(iii) Chapter 47, relating to gambling; or
(B) in gambling activity in violation of federal
law or in the business of lending money at a rate usurious under
state law if the usurious rate is at least twice the enforceable
rate.
Explanation: The change is necessary to provide the scope of
a usurious rate for purposes of the definition of "unlawful debt"
and make a nonsubstantive change to a citation.