Bill Text: TX HB417 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the threat or pursuit of criminal charges against a consumer in association with certain extensions of consumer credit.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-14 - Left pending in committee [HB417 Detail]
Download: Texas-2021-HB417-Introduced.html
| 87R1948 SRA-F | ||
| By: Walle | H.B. No. 417 | |
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| relating to the threat or pursuit of criminal charges against a | ||
| consumer in association with certain extensions of consumer credit. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 393, Finance Code, is amended by adding | ||
| Subchapter E-1 to read as follows: | ||
| SUBCHAPTER E-1. CRIMINAL CHARGES AGAINST CONSUMER | ||
| Sec. 393.421. CRIMINAL CHARGE AGAINST CONSUMER. (a) A | ||
| credit services organization or a representative or assignee of a | ||
| credit services organization may not, unless the credit services | ||
| organization or representative or assignee of the credit services | ||
| organization has evidence sufficient to prove that the consumer has | ||
| committed an offense under Section 31.03, 31.04, or 32.41, Penal | ||
| Code: | ||
| (1) file a criminal complaint or threaten to file a | ||
| criminal complaint related to an extension of consumer credit or | ||
| provision of credit services against the consumer for an offense | ||
| under Section 31.03, 31.04, or 32.41, Penal Code; or | ||
| (2) refer or threaten to refer a consumer to a | ||
| prosecutor under Article 102.007, Code of Criminal Procedure, for | ||
| the collection and processing of a check or similar sight order that | ||
| was issued in relation to an extension of consumer credit or | ||
| provision of credit services. | ||
| (b) For purposes of this section, evidence of a denied or | ||
| returned payment due to insufficient funds or account closure may | ||
| not be considered as evidence of an offense under Section 31.03, | ||
| 31.04, or 32.41, Penal Code, and the presumptions provided by | ||
| Sections 31.06(a) and 32.41(b), Penal Code, do not apply. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
