Bill Text: TX HB4641 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the collection of consumer debt incurred by certain individuals as a result of identity theft.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-16 - Referred to Business & Commerce [HB4641 Detail]
Download: Texas-2023-HB4641-Introduced.html
Bill Title: Relating to the collection of consumer debt incurred by certain individuals as a result of identity theft.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-16 - Referred to Business & Commerce [HB4641 Detail]
Download: Texas-2023-HB4641-Introduced.html
88R13646 MLH-F | ||
By: Meyer | H.B. No. 4641 |
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relating to the collection of consumer debt incurred by certain | ||
individuals as a result of identity theft. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 392, Finance Code, is | ||
amended by adding Section 392.308 to read as follows: | ||
Sec. 392.308. CONSUMER VICTIM OF IDENTITY THEFT. (a) In | ||
this section: | ||
(1) "Family violence" has the meaning assigned by | ||
Section 71.004, Family Code. | ||
(2) "Human trafficking" means conduct that | ||
constitutes an offense under Section 20A.02, Penal Code. | ||
(3) "Identity theft" means: | ||
(A) a violation of Section 521.051, Business & | ||
Commerce Code, or a substantially similar federal law or law in | ||
another state; or | ||
(B) a criminal offense described by Section | ||
32.51, Penal Code, or a substantially similar federal law or law in | ||
another state. | ||
(4) "Vulnerable adult" has the meaning assigned by | ||
Section 281.001. | ||
(b) A creditor, debt collector, or third-party debt | ||
collector may not attempt to collect a consumer debt or a portion of | ||
a consumer debt if the consumer provides: | ||
(1) a criminal complaint alleging the commission of an | ||
offense under Section 32.51, Penal Code, or a substantially similar | ||
federal law or law in another state, for which the consumer was a | ||
victim, accompanied by a statement identifying the consumer debt or | ||
the portion of consumer debt that resulted from the offense; | ||
(2) a court order issued under Section 521.103, | ||
Business & Commerce Code, or a substantially similar federal law or | ||
law in another state, declaring the consumer a victim of identity | ||
theft; or | ||
(3) if the consumer is a victim of family violence, a | ||
victim of human trafficking, or a vulnerable adult, an affidavit or | ||
unsworn declaration under Chapter 132, Civil Practice and Remedies | ||
Code. | ||
(c) An affidavit under Subsection (b)(3) must include: | ||
(1) a statement that the consumer is a victim of | ||
identity theft; | ||
(2) documentation verifying the consumer's identity, | ||
including a copy of the consumer's passport or a copy of a driver's | ||
license or state identification card issued to the consumer by the | ||
Department of Public Safety; | ||
(3) a statement: | ||
(A) identifying the consumer debt or affected | ||
portion of the consumer debt incurred as a result of identity theft; | ||
and | ||
(B) detailing the circumstances of the identity | ||
theft, including how the consumer debt or the affected portion of | ||
the consumer debt was incurred; and | ||
(4) documentation that the consumer is: | ||
(A) a victim of family violence, as demonstrated | ||
by any evidence acceptable under Section 92.016(b-1), Property | ||
Code; | ||
(B) a victim of human trafficking, as | ||
demonstrated by: | ||
(i) a determination from a federal, state, | ||
or tribal governmental entity, from a nongovernmental | ||
organization, or from a human trafficking task force determining | ||
that the consumer is a victim of human trafficking; | ||
(ii) a determination that the consumer is a | ||
victim of human trafficking from a court of competent jurisdiction | ||
in a case where the issue of whether the consumer is a victim of | ||
human trafficking is a central issue of the case; or | ||
(iii) a statement attesting that the | ||
consumer is a victim of human trafficking, signed or certified by | ||
the consumer and an entity in Subparagraph (i) or (ii); or | ||
(C) a vulnerable adult. | ||
(d) A creditor, debt collector, or third-party debt | ||
collector who receives notice that a consumer debt is a result of | ||
identity theft from a victim of identity theft in accordance with | ||
Subsection (b): | ||
(1) shall immediately cease collection efforts | ||
related to the disputed portion of the debt; | ||
(2) shall send to each person who has previously | ||
received a report relating to that debt from the creditor, debt | ||
collector, or third-party debt collector notice that the debt is | ||
disputed under this section and not collectable; and | ||
(3) may not sell the debt or transfer it for | ||
consideration. | ||
SECTION 2. This Act takes effect September 1, 2023. |