Bill Text: TX HB874 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the threat or pursuit of criminal charges against a consumer in association with certain extensions of consumer credit.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2019-04-25 - Left pending in committee [HB874 Detail]
Download: Texas-2019-HB874-Introduced.html
| 86R1675 GRM-F | ||
| By: Walle | H.B. No. 874 | |
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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 of a credit | ||
| services organization may not, unless the credit services | ||
| organization or representative of the credit services organization | ||
| has extrinsic 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 | ||
| 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. | ||
| (b) Notwithstanding the presumptions provided by Sections | ||
| 31.06(a) and 32.41(b), Penal Code, evidence of a denied or returned | ||
| payment due to insufficient funds or account closure is not | ||
| extrinsic evidence of an offense under Section 31.03, 31.04, or | ||
| 32.41, Penal Code. | ||
| (c) Extrinsic evidence of an offense under Section 31.03, | ||
| 31.04, or 32.41, Penal Code, includes evidence that the consumer | ||
| was not an authorized user of the account on which the payment was | ||
| drawn at the time the payment was provided. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
