By: Flores S.R. No. 700
SENATE RESOLUTION
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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 28, 2023, by a
viva-voce vote.
_______________________________
Secretary of the Senate