reglab/statecodes huggingface dataset:
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 394 - Debtor Assistance › Subchapter C. Consumer Debt Management Services › Section 394.203. Applicability

Sec. 394.203.  APPLICABILITY.  (a)  Except as otherwise provided by this subchapter, this subchapter applies to a provider regardless of whether the provider charges a fee or receives consideration for a service.
(b)  The business of providing debt management services is conducted in this state if the debt management services provider solicits or contracts with consumers located in this state.
(c)  This subchapter does not apply to:
(1)  an attorney licensed to practice in this state, unless the attorney holds the attorney's self out to the public as a provider or is employed, affiliated with, or otherwise working on behalf of a provider;
(2)  a title insurance or abstract company employee or agent, or other person legally authorized to engage in escrow business in the state, only while engaged in the escrow business;
(3)  a judicial officer or person acting under a court order;
(4)  a person who has legal authority under federal or state law to act as a representative payee for a consumer, only to the extent the person is paying bills or other debts on behalf of that consumer;
(5)  a person who pays bills or other debts owed by a consumer and on behalf of a consumer, if the money used to make the payments belongs exclusively to the consumer and the person does not initiate any contact with individual creditors of the consumer to compromise a debt, arrange a new payment schedule, or otherwise change the terms of the debt; or
(6)  a financial institution, as defined by Section 201.101.
(d)  The following are not debt management services for purposes of this subchapter:
(1)  an extension of credit, including consolidation or refinance of a loan; and
(2)  bankruptcy services provided by an attorney licensed to practice in this state.
(e)  This subchapter applies to a person who seeks to evade its applicability by any device, subterfuge, or pretense.
Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 394 - Debtor Assistance › Subchapter C. Consumer Debt Management Services › Section 394.205. Records

Sec. 394.205.  RECORDS.  (a)  A provider shall keep and use books, accounts, and other records that will enable the commissioner to determine if the provider is complying with this subchapter and maintain any other records as required by the commissioner.  The commissioner may examine the records at any reasonable time.  The records must be kept for at least three years after the date of the last service on a consumer's debt management plan.
(b)  Each provider shall file a report with the commissioner at each renewal of the provider's registration.  The report must at a minimum disclose in detail and under appropriate headings:
(1)  the assets and liabilities of the provider at the beginning and end of the period, if the provider is a nonprofit or tax exempt organization;
(2)  the total number of debt management plans the provider has initiated on behalf of consumers in this state during that period; and
(3)  records of total and average fees charged to consumers, including all voluntary contributions received from consumers.
(c)  The reports must be verified by the oath or affirmation of the owner, manager, president, chief executive officer, or chairman of the board of directors of the provider.
(d)  A provider shall file a blank copy of the agreement described in Section 394.209 and blank copies of the written information required in Section 394.208(a) with the commissioner accompanying the initial registration and each renewal of registration.
(e)  The commissioner shall make the information provided under this section available to interested parties and to the public.
Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 48 (S.B. 884), Sec. 2, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 90, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 394 - Debtor Assistance › Subchapter C. Consumer Debt Management Services › Section 394.206. Bond; Insurance

Sec. 394.206.  BOND; INSURANCE.  (a)  A provider shall, at the time the provider files an initial or renewal registration application with the commissioner, file:
(1)  a surety bond; or
(2)  evidence that the provider maintains an insurance policy in a form approved by the commissioner.
(b)  The bond or insurance must:
(1)  run concurrently with the period of registration;
(2)  be available to pay damages and penalties to consumers directly harmed by a violation of this subchapter;
(3)  be in favor of this state for the use of this state and the use of a person who has a cause of action under this subchapter against the provider;
(4)  if a bond:
(A)  be in an amount equal to the average daily balance of the provider's trust account serving Texas consumers over the six-month period preceding the issuance of the bond, or in the case of an initial application, in an amount determined by the commissioner, but not less than $25,000 or more than $100,000, if the provider receives and holds money paid by or on behalf of a consumer for disbursement to the consumer's creditors; or
(B)  be in the amount of $50,000, if the provider does not receive and hold money paid by or on behalf of a consumer for disbursement to the consumer's creditors;
(5)  if an insurance policy:
(A)  provide coverage for professional liability, employee dishonesty, depositor's forgery, and computer fraud in an amount not less than $100,000;
(B)  be issued by a company rated at least "A-" or its equivalent by a nationally recognized rating organization; and
(C)  provide for 30 days advance written notice of termination of the policy to be provided to the commissioner;
(6)  be issued by a bonding, surety, or insurance company that is authorized to do business in the state; and
(7)  be conditioned on the provider and its agents complying with all state and federal laws, including regulations, governing the business of debt management services.
(c)  In lieu of a bond or insurance, the finance commission by rule may establish alternative financial requirements to provide substantially equivalent protection to pay damages and penalties to consumers directly harmed by a violation under this subchapter.
(d)  The commissioner may adjust the amount of the provider's bond or insurance only when the provider applies for renewal of registration and requests a review of the bond or insurance amount.
Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 368 (S.B. 141), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 394 - Debtor Assistance › Subchapter C. Consumer Debt Management Services › Section 394.207. Advertising

Sec. 394.207.  ADVERTISING.  A provider may not engage in false or deceptive advertising.
Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 394 - Debtor Assistance › Subchapter C. Consumer Debt Management Services › Section 394.2095. Cancellation of Agreement by Either Provider or Consumer

Sec. 394.2095.  CANCELLATION OF AGREEMENT BY EITHER PROVIDER OR CONSUMER.  If a provider or a consumer cancels a debt management service agreement, the provider shall immediately return to the consumer:
(1)  any money of the consumer held in trust by the provider for the consumer's benefit; and
(2)  65 percent of any portion of the account set-up fee received under Section 394.210(g)(1) that has not been credited against settlement fees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 368 (S.B. 141), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 394 - Debtor Assistance › Subchapter C. Consumer Debt Management Services › Section 394.2101. Adjustment of Amounts of Fees or Other Charges

Sec. 394.2101.  ADJUSTMENT OF AMOUNTS OF FEES OR OTHER CHARGES.  (a)  The commissioner shall compute and publish the dollar amounts of fees or other charges in amounts different from the amounts of fees or other charges specified in Section 394.210 to reflect inflation, as measured by the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor or, if that index is not available, another index adopted by finance commission rule.  The commissioner shall adopt a base year and adjust the dollar amounts, effective on July 1 of each year, if the change in the index from the base year, as of December 31 of the preceding year, is at least 10 percent.  The dollar amounts specified in Section 394.210 must be rounded to the nearest dollar.
(b)  The commissioner shall notify registered providers of any change in dollar amounts made under Subsection (a) and make that information available to the public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 368 (S.B. 141), Sec. 8, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 159 (S.B. 1371), Sec. 31, eff. September 1, 2023.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 394 - Debtor Assistance › Subchapter C. Consumer Debt Management Services › Section 394.211. Trust Account

Sec. 394.211.  TRUST ACCOUNT.  (a)  A provider must use a trust account for the management of all money paid by or on behalf of a consumer and received by the provider for disbursement to the consumer's creditor.  A provider may not commingle the money in a trust account established for the benefit of consumers with any operating funds of the provider.  A provider shall exercise due care to appropriately manage the funds in the trust account.
(b)  The trust account must at all times be materially in balance with and reconciled to the consumers' accounts.  Failure to maintain that balance is cause for a summary suspension of registration under Section 394.204.
(c)  If a trust account does not contain sufficient money to cover the aggregate consumer balances, and the provider has not corrected the deficiency within 48 hours of discovery, the provider shall notify the commissioner by telephone, facsimile, electronic mail, or other method approved by the commissioner, and provide written notice including a description of the remedial action taken.
Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 368 (S.B. 141), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 394 - Debtor Assistance › Subchapter C. Consumer Debt Management Services › Section 394.212. Prohibited Acts and Practices

Sec. 394.212.  PROHIBITED ACTS AND PRACTICES.  (a)  A provider may not:
(1)  purchase a debt or obligation of a consumer;
(2)  receive or charge a fee in the form of a promissory note or other negotiable instrument other than a check or a draft;
(3)  lend money or provide credit to the consumer;
(4)  obtain a mortgage or other security interest in property owned by a consumer;
(5)  engage in business with a for-profit business entity described by Section 394.204(c)(7) without prior consent of the commissioner, except that unless denied, consent is considered granted 30 days after the date the provider notifies the commissioner of the intent to engage in business with a for-profit business entity described by Section 394.204(c)(7);
(6)  offer, pay, or give a gift, bonus, premium, reward, or other compensation to a person for entering into a debt management services agreement;
(7)  represent that the provider is authorized or competent to furnish legal advice or perform legal services unless supervised by an attorney as required by State Bar of Texas rules;
(8)  use an unconscionable means to obtain a contract with a consumer;
(9)  engage in an unfair, deceptive, or unconscionable act or practice in connection with a service provided to a consumer; or
(10)  require or attempt to require payment of an amount that the provider states, discloses, or advertises to be a voluntary contribution from the consumer.
(b)  A provider does not have a claim:
(1)  for breach of contract against a consumer who cancels an agreement pursuant to this subchapter; or
(2)  in restitution with respect to an agreement that is void under this subchapter.
(c)  A provider may not include any of the following provisions in a disclosure related to debt management services or in a debt management services agreement:
(1)  a confession of judgment clause;
(2)  a waiver of the right to a jury trial, if applicable, in an action brought by or against a consumer;
(3)  an assignment of or order for payment of wages or other compensation for services; or
(4)  a waiver of a provision of this subchapter.
Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 159 (S.B. 1371), Sec. 32, eff. September 1, 2023.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 394 - Debtor Assistance › Subchapter C. Consumer Debt Management Services › Section 394.213. Duties of Proper Management

Sec. 394.213.  DUTIES OF PROPER MANAGEMENT.  A provider has a duty to a consumer who receives debt management services from the provider to ensure that client money held by the provider is managed properly at all times.
Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 368 (S.B. 141), Sec. 10, eff. September 1, 2011.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 394 - Debtor Assistance › Subchapter C. Consumer Debt Management Services › Section 394.214. Additional Enforcement Powers

Sec. 394.214.  ADDITIONAL ENFORCEMENT POWERS.  (a)  The finance commission may adopt rules to carry out this subchapter.
(b)  The commissioner may:
(1)  investigate the activities of a person subject to this subchapter to determine compliance with this subchapter, including examination of the books, accounts, and records of a provider; and
(2)  require or permit a person to file a statement under oath and otherwise subject to the penalties of perjury, as to all the facts and circumstances of the matter to be investigated.
(c)  Failure to comply with an investigation under Subsection (b) is grounds for issuance of a cease and desist order.
(d)  The commissioner may receive and act on complaints, take action to obtain voluntary compliance with this subchapter, and refer cases to the attorney general for prosecution.
(e)  The commissioner may enforce this subchapter and rules adopted under this subchapter by:
(1)  ordering the violator to cease and desist from the violation and any similar violations;
(2)  ordering the violator to take affirmative action to correct the violation, including the restitution of money or property to a person aggrieved by the violation;
(3)  imposing an administrative penalty not to exceed $1,000 for each violation as provided by Subchapter F, Chapter 14; or
(4)  rejecting an initial application, refusing to renew a registration, or revoking or suspending a registration as provided by Section 394.204.
(f)  In determining the amount of an administrative penalty to be imposed under this section, the commissioner shall consider the seriousness of the violation, the good faith of the violator, the violator's history of previous violations, the deleterious effect of the violation on the public, the assets of the violator, and any other factors the commissioner considers relevant.
(g)  The commissioner, on relation of the attorney general at the request of the commissioner, may bring an action in district court to enjoin a person from engaging in an act or continuing a course of action that violates this chapter.  The court may order a preliminary or final injunction.
Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 91, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 394 - Debtor Assistance › Subchapter C. Consumer Debt Management Services › Section 394.215. Private Remedies

Sec. 394.215.  PRIVATE REMEDIES.  (a)  An agreement for debt management services between a consumer and a person that is not registered under this subchapter is void.
(b)  A consumer is entitled to recover all fees paid by the consumer under a void agreement, costs, and reasonable attorney's fees.
(c)  In addition to any other remedies provided by this subchapter, a consumer who is aggrieved by a violation of this subchapter, a rule adopted by the finance commission under this subchapter, or by any unfair, unconscionable, or deceptive act or practice may recover:
(1)  actual damages;
(2)  punitive damages for acts or practices under a void agreement; and
(3)  the costs of the action, including reasonable attorney's fees based on the amount of time involved.
(d)  An aggrieved consumer may sue for injunctive and other appropriate equitable relief to stop a person from violating this subchapter.
(e)  The remedies provided in this section are not intended to be the exclusive remedies available to a consumer nor must the consumer exhaust any administrative remedies provided under this subchapter or any other applicable law.
Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 395 - Community Reinvestment Work Group › Subchapter A. Composition and Operation › Section 395.001. Composition

Sec. 395.001.  COMPOSITION.  The community reinvestment work group is composed of:
(1)  a representative of the comptroller's office, appointed by the comptroller;
(2)  a representative of the Texas Department of Housing and Community Affairs, appointed by the executive director of that department;
(3)  a representative of the Texas Department of Economic Development, appointed by the executive director of that department;
(4)  a representative of the Texas Department of Banking, appointed by the banking commissioner of Texas;  and
(5)  a representative of the Texas Department of Insurance, appointed by the commissioner of insurance.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.28(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 395 - Community Reinvestment Work Group › Subchapter A. Composition and Operation › Section 395.002. Officers

Sec. 395.002.  OFFICERS.  The representative of the comptroller's office serves as presiding officer of the work group.  The members of the work group may elect other necessary officers.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.28(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 395 - Community Reinvestment Work Group › Subchapter A. Composition and Operation › Section 395.003. Meetings

Sec. 395.003.  MEETINGS.  The work group shall meet quarterly and may meet more often at the call of the presiding officer.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.28(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 395 - Community Reinvestment Work Group › Subchapter A. Composition and Operation › Section 395.004. Term of Office; Removal

Sec. 395.004.  TERM OF OFFICE;  REMOVAL.  A member of the work group serves a two-year term and may be removed for any reason by the appointing authority.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.28(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 395 - Community Reinvestment Work Group › Subchapter A. Composition and Operation › Section 395.005. Expenses; Compensation

Sec. 395.005.  EXPENSES;  COMPENSATION.  The appointing authority is responsible for the expenses of a member's service on the work group.  A member of the work group receives no additional compensation for serving on the work group.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.28(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 395 - Community Reinvestment Work Group › Subchapter B. Duties › Section 395.101. General Duties

Sec. 395.101.  GENERAL DUTIES.  The work group shall work in conjunction with the banking community in this state to:
(1)  develop statewide community reinvestment strategies using existing investment pools and other investment vehicles to leverage private capital from banks, insurance companies, and other entities for community development in the state;
(2)  consult and coordinate with representatives from appropriate federal regulatory agencies, including the Office of the Comptroller of the Currency, the Federal Reserve Board of Governors, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision;  and
(3)  monitor and evaluate the strategies developed under this section.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.28(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 395 - Community Reinvestment Work Group › Subchapter B. Duties › Section 395.102. Developing Strategies

Sec. 395.102.  DEVELOPING STRATEGIES.  In developing the strategies required by Section 395.101, the work group shall:
(1)  explore innovative qualified investment strategies;
(2)  ensure to the extent possible that the strategies encourage financial institutions in this state to lend money to low-income and moderate-income families and individuals in the state;
(3)  coordinate its efforts to attract private capital through investments that meet the requirements of the Community Reinvestment Act of 1977 (12 U.S.C. Section 2901 et seq.);  and
(4)  ensure to the extent possible that the strategies augment existing Community Reinvestment Act of 1977 programs in the state, including the operation of local community development corporations.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.28(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 396 - Private Child Support Enforcement Agencies › Subchapter A. General Provisions › Section 396.001. Definitions

Sec. 396.001.  DEFINITIONS.  In this chapter:
(1)  "Child support enforcement" means an action, conduct, or practice in enforcing, or in soliciting for enforcement, a child support obligation, including the collection of an amount owed under a child support obligation.
(2)  "Child support obligation" means an obligation for the payment of financial support for a child under an order or writ issued by a court or other tribunal.
(3)  "Department" means the Texas Department of Banking.
(4)  "Foreign agency" means a private child support enforcement agency that engages in business in this state solely by use of telephone, mail, the Internet, facsimile transmission, or any other means of interstate communication.
(5)  "Obligee" means the person identified in an order for child support issued by a court or other tribunal as the payee to whom an obligor's amounts of ordered child support are due.
(6)  "Obligor" means the person identified in an order for child support issued by a court or other tribunal as the individual required to make payment under the terms of a support order for a child.
(7)  "Private child support enforcement agency" means an individual or nongovernmental entity who engages in the enforcement of child support ordered by a court or other tribunal for a fee or other consideration.  The term includes a foreign agency.  The term does not include:
(A)  an attorney enforcing a child support obligation on behalf of, and in the name of, a client unless the attorney has an employee who is not an attorney and who on behalf of the attorney:
(i)  regularly solicits for child support enforcement; or
(ii)  regularly contacts child support obligees or obligors for the purpose of child support enforcement;
(B)  a state agency designated to serve as the state's Title IV-D agency in accordance with Part D, Title IV, Social Security Act (42 U.S.C. Section 651 et seq.), as amended; or
(C)  a contractor awarded a contract to engage in child support enforcement on behalf of a governmental agency, including a contractor awarded a contract by a political subdivision of this or another state that is authorized by law to enforce a child support obligation.
(8)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 47(3), eff. September 1, 2019.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 73, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 32, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 47(3), eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 396 - Private Child Support Enforcement Agencies › Subchapter E. Required Business Practices › Section 396.202. Records

Sec. 396.202.  RECORDS.  (a)  A private child support enforcement agency shall maintain records of all child support collections made on behalf of, and disbursed to, a client who is an obligee, including:
(1)  the name of any obligor who made child support payments collected by the agency;
(2)  the amount of support collected by the agency for each client, including:
(A)  the date on which the amount was collected; and
(B)  the date on which each amount due the client by the obligor was paid to the client;
(3)  a copy of the order establishing the child support obligation under which a collection was made by the agency; and
(4)  any other pertinent information relating to the child support obligation, including any case, cause, or docket number of the court having jurisdiction over the matter.
(b)  The records required under this section must be updated at least monthly and must be maintained by the private child support enforcement agency for a period of four years from the date of the last support payment collected by the agency on behalf of an obligee.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 73, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 33, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 396 - Private Child Support Enforcement Agencies › Subchapter E. Required Business Practices › Section 396.203. Contract for Services

Sec. 396.203.  CONTRACT FOR SERVICES.  (a)  A private child support enforcement agency shall execute a written contract for the enforcement of child support for each client of the agency that is residing in this state.
(b)  The contract required under this section must:
(1)  be in writing, dated, and signed by both parties to the contract;  and
(2)  specify its terms in clear language.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 73, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 34, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 396 - Private Child Support Enforcement Agencies › Subchapter F. Prohibited Practices › Section 396.251. Threats or Coercion

Sec. 396.251.  THREATS OR COERCION.  (a)  In enforcing a child support obligation, a private child support enforcement agency may not use threats, coercion, or attempts to coerce that employ any of the following practices:
(1)  using or threatening to use violence or other criminal means to cause harm to an obligor or property of the obligor;
(2)  accusing falsely or threatening to accuse falsely an obligor of a violation of state or federal child support laws;
(3)  taking or threatening to take an enforcement action against an obligor that is not authorized by law; or
(4)  intentionally representing to a person that the agency is a governmental agency authorized to enforce a child support obligation.
(b)  Subsection (a) does not prevent a private child support enforcement agency from:
(1)  informing an obligor that the obligor may be subject to penalties prescribed by law for failure to pay a child support obligation; or
(2)  taking, or threatening to take, an action authorized by law for the enforcement of a child support obligation by the agency.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 73, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 35, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 396 - Private Child Support Enforcement Agencies › Subchapter F. Prohibited Practices › Section 396.252. Fraudulent, Deceptive, or Misleading Representations

Sec. 396.252.  FRAUDULENT, DECEPTIVE, OR MISLEADING REPRESENTATIONS.  In enforcing a child support obligation, a private child support enforcement agency or employee of the agency may not:
(1)  identify the agency by any name other than one by which the agency is authorized to do business under the laws of this state;
(2)  falsely represent the nature of the child support enforcement activities in which the agency is authorized by law to engage; or
(3)  falsely represent that an oral or written communication is the communication of an attorney.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 73, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 36, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 396 - Private Child Support Enforcement Agencies › Subchapter H. Civil Remedies › Section 396.351. Civil Action

Sec. 396.351.  CIVIL ACTION.  (a)  In addition to any other remedy provided by this chapter, a person may bring an action for:
(1)  injunctive relief to enjoin or restrain a violation of this chapter;  and
(2)  actual damages incurred as a result of a violation of this chapter.
(b)  A person who prevails in an action brought under this section is entitled to recover court costs and reasonable attorney's fees.
(c)  On a finding by a court that an action under this section was brought in bad faith or for purposes of harassment, the court shall award the defendant attorney's fees reasonably related to the work performed and costs.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 73, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 396 - Private Child Support Enforcement Agencies › Subchapter H. Civil Remedies › Section 396.352. Service of Process Outside State

Sec. 396.352.  SERVICE OF PROCESS OUTSIDE STATE.  (a)  A private child support enforcement agency that is located in another state or that engages in the business of child support enforcement in this state in violation of this chapter is considered to have submitted to the jurisdiction of the courts of this state with respect to an action brought under this chapter.
(b)  A foreign agency engaging in business in this state in violation of this chapter is considered to have appointed the department as the agency's agent for service of process in any action, suit, or proceeding arising from a violation of this chapter.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 73, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 37, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 396 - Private Child Support Enforcement Agencies › Subchapter H. Civil Remedies › Section 396.353. Remedies Under Other Law

Sec. 396.353.  REMEDIES UNDER OTHER LAW.  (a)  A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that subchapter.
(b)  This chapter does not affect or alter a remedy at law or in equity otherwise available to an obligor, obligee, governmental entity, or other legal entity.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 73, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 397 - Debt Cancellation Agreements for Certain Vehicle Leases › Section 397.001. Definitions

Sec. 397.001.  DEFINITIONS.  In this chapter:
(1)  "Covered vehicle" includes a self-propelled or towed vehicle designed for personal use, including an automobile, truck, motorcycle, recreational vehicle, all-terrain vehicle, snowmobile, camper, boat, personal watercraft, and personal watercraft trailer.
(2)  "Debt cancellation agreement" means a lease term or a contractual arrangement modifying a lease term under which a lessor or holder agrees to cancel all or part of an obligation of the lessee to pay the lessor or holder on the occurrence of the total loss or theft of the covered vehicle that is the subject of the lease but does not include an offer to pay a specified amount on the total loss or theft of the covered vehicle.
(3)  "Holder" means a person who is:
(A)  a lessor; or
(B)  the assignee or transferee of a lease.
(4)  "Lease" means a lease for a covered vehicle.
Added by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 397 - Debt Cancellation Agreements for Certain Vehicle Leases › Section 397.002. Applicability

Sec. 397.002.  APPLICABILITY.  This chapter does not apply to a lease that is a retail installment transaction under Section 345.068 or 348.002.
Added by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 397 - Debt Cancellation Agreements for Certain Vehicle Leases › Section 397.003. Relationship to Insurance

Sec. 397.003.  RELATIONSHIP TO INSURANCE.  A debt cancellation agreement to which this chapter applies is not insurance.
Added by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 397 - Debt Cancellation Agreements for Certain Vehicle Leases › Section 397.004. Limitation on Certain Debt Cancellation Agreements

Sec. 397.004.  LIMITATION ON CERTAIN DEBT CANCELLATION AGREEMENTS.  (a)  This chapter applies only to a debt cancellation agreement, including a gap waiver agreement or other similarly named agreement, that includes insurance coverage as part of the lessee's responsibility to the holder.
(b)  The amount charged for a debt cancellation agreement made in connection with a lease may not exceed five percent of the adjusted capitalized cost financed pursuant to the lease.
(c)  The debt cancellation agreement becomes a part of or a separate addendum to the lease and remains a term of the lease on the assignment, sale, or transfer by the holder.
Added by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 397 - Debt Cancellation Agreements for Certain Vehicle Leases › Section 397.005. Debt Cancellation Agreements Exclusion Language

Sec. 397.005.  DEBT CANCELLATION AGREEMENTS EXCLUSION LANGUAGE.  (a)  In addition to the provisions required by Section 397.006, a debt cancellation agreement must fully disclose all provisions permitting the exclusion of loss or damage including, if applicable:
(1)  an act occurring after the original maturity date or date of the holder's acceleration of the lease;
(2)  any dishonest, fraudulent, illegal, or intentional act of any authorized driver that directly results in the total loss of the covered vehicle;
(3)  any act of gross negligence by an authorized driver that directly results in the total loss of the covered vehicle;
(4)  conversion, embezzlement, or concealment by any person in lawful possession of the covered vehicle;
(5)  lawful confiscation by an authorized public official;
(6)  the operation, use, or maintenance of the covered vehicle in any race or speed contest;
(7)  war, whether or not declared, invasion, insurrection, rebellion, revolution, or an act of terrorism;
(8)  normal wear and tear, freezing, or mechanical or electrical breakdown or failure;
(9)  use of the covered vehicle for primarily commercial purposes;
(10)  damage that occurs after the covered vehicle has been repossessed;
(11)  damage to the covered vehicle before the purchase of the debt cancellation agreement;
(12)  unpaid insurance premiums and salvage, towing, and storage charges relating to the covered vehicle;
(13)  damage related to any personal property attached to or within the covered vehicle;
(14)  damages associated with falsification of documents by any person not associated with the lessor or other person canceling the lessee's obligation;
(15)  any unpaid debt resulting from exclusions in the lessee's primary physical damage coverage not included in the debt cancellation agreement;
(16)  abandonment of the covered vehicle by the lessee only if the lessee voluntarily discards, leaves behind, or otherwise relinquishes possession of the covered vehicle to the extent that the relinquishment shows intent to forsake and desert the covered vehicle so that the covered vehicle may be appropriated by any other person;
(17)  any amounts deducted from the primary insurance carrier's settlement due to prior damages; and
(18)  any loss occurring outside the United States or outside the United States and Canada.
(b)  An exclusion of loss or damage not listed in Subsection (a) may be included in a debt cancellation agreement only if the exclusion is disclosed in plain, easy to read language.
Added by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 397 - Debt Cancellation Agreements for Certain Vehicle Leases › Section 397.007. Additional Requirements for Debt Cancellation Agreements

Sec. 397.007.  ADDITIONAL REQUIREMENTS FOR DEBT CANCELLATION AGREEMENTS.  (a)  If a lessee purchases a debt cancellation agreement, the lessor must provide to the lessee a true and correct copy of the agreement not later than the 10th day after the date of the lease.
(b)  A holder must comply with the terms of a debt cancellation agreement not later than the 60th day after the date of receipt of all necessary information required by the holder or administrator of the agreement to process the request.
(c)  A debt cancellation agreement may not knowingly be offered by a lessor if:
(1)  the lease is already protected by gap insurance; or
(2)  the purchase of the debt cancellation agreement is required for the lessee to obtain the lease.
(d)  This section does not apply to a debt cancellation agreement offered in connection with the lease of a commercial vehicle.
(e)  The sale of a debt cancellation agreement must be for a single payment.
(f)  A holder that offers a debt cancellation agreement must report the sale of and forward money received on all such agreements to any designated party as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy, or other specified program documents.
(g)  Money received or held by a holder or any administrator of a debt cancellation agreement and belonging to an insurance company, holder, or administrator under the terms of a written agreement must be held by the holder or administrator in a fiduciary capacity.
(h)  A lessor that negotiates a debt cancellation agreement and subsequently assigns the lease shall maintain documents relating to the agreement that come into the lessor's possession.
Added by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 397 - Debt Cancellation Agreements for Certain Vehicle Leases › Section 397.009. Enforcement

Sec. 397.009.  ENFORCEMENT.  (a)  If the attorney general has reason to believe that a person is engaging in, has engaged in, or is about to engage in any method, act, or practice that is a violation of this chapter, the attorney general may bring an action in the name of the state against the person to restrain the person by temporary restraining order, temporary injunction, or permanent injunction from engaging in the method, act, or practice.
(b)  An action brought under Subsection (a) may be commenced in the district court of the county in which the person against whom the action is brought resides, has the person's principal place of business, or has done business, in the district court of the county in which any or all parts of the method, act, or practice giving rise to the action occurred, or, on the consent of the parties, in a district court of Travis County.  The court may issue a temporary restraining order, temporary injunction, or permanent injunction to restrain or prevent a violation of this chapter and injunctive relief must be issued without bond.
(c)  In addition to the request for a temporary restraining order, temporary injunction, or permanent injunction, the attorney general may request, and the trier of fact may award, a civil penalty to be paid to the state in an amount of not more than $20,000 per violation.
(d)  The attorney general may recover reasonable expenses incurred in obtaining injunctive relief or a civil penalty under this section, including reasonable investigative costs, court costs, and attorney's fees.
Added by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Chapter 323 of this code.  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable, by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  The Code Construction Act (Chapter 311 of this code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.003. Internal References

Sec. 1.003.  INTERNAL REFERENCES.  In this code:
(1)  a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code;  and
(2)  a reference to a subtitle, subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to a unit of the next larger unit of this code in which the reference appears.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 1 - General Provisions › Chapter 2 - Firearm Suppressor Regulation › Subchapter A. General Provisions › Section 2.001. Definitions

Sec. 2.001.  DEFINITIONS.  In this chapter:
(1)  "Firearm" has the meaning assigned by Section 46.01, Penal Code.
(2)  "Firearm suppressor" means any device designed, made, or adapted to muffle the report of a firearm.
(3)  "Generic and insignificant part" means an item that has manufacturing or consumer product applications other than inclusion in a firearm suppressor.  The term includes a spring, screw, nut, and pin.
(4)  "Manufacture" includes forging, casting, machining, or another process for working a material.
Added by Acts 2021, 87th Leg., R.S., Ch. 642 (H.B. 957), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 1 - General Provisions › Chapter 2 - Firearm Suppressor Regulation › Subchapter B. Intrastate Manufacture of Firearm Suppressor › Section 2.051. Meaning of "Manufactured in This State

Sec. 2.051.  MEANING OF "MANUFACTURED IN THIS STATE."  (a)  For the purposes of this subchapter, a firearm suppressor is manufactured in this state if the item is manufactured:
(1)  in this state from basic materials; and
(2)  without the inclusion of any part imported from another state other than a generic and insignificant part.
(b)  For the purposes of this subchapter, a firearm suppressor is manufactured in this state if it is manufactured as described by Subsection (a) without regard to whether a firearm imported into this state from another state is attached to or used in conjunction with the suppressor.
Added by Acts 2021, 87th Leg., R.S., Ch. 642 (H.B. 957), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 1 - General Provisions › Chapter 2 - Firearm Suppressor Regulation › Subchapter B. Intrastate Manufacture of Firearm Suppressor › Section 2.052. Not Subject to Federal Regulation

Sec. 2.052.  NOT SUBJECT TO FEDERAL REGULATION.  (a)  A firearm suppressor that is manufactured in this state and remains in this state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce.
(b)  A basic material from which a firearm suppressor is manufactured in this state, including unmachined steel, is not a firearm suppressor and is not subject to federal regulation under the authority of the United States Congress to regulate interstate commerce as if it actually were a firearm suppressor.
Added by Acts 2021, 87th Leg., R.S., Ch. 642 (H.B. 957), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 1 - General Provisions › Chapter 2 - Firearm Suppressor Regulation › Subchapter B. Intrastate Manufacture of Firearm Suppressor › Section 2.053. Marketing of Firearm Suppressor

Sec. 2.053.  MARKETING OF FIREARM SUPPRESSOR.  A firearm suppressor manufactured and sold in this state must have the words "Made in Texas" clearly stamped on it.
Added by Acts 2021, 87th Leg., R.S., Ch. 642 (H.B. 957), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 1 - General Provisions › Chapter 2 - Firearm Suppressor Regulation › Subchapter B. Intrastate Manufacture of Firearm Suppressor › Section 2.054. Attorney General

Sec. 2.054.  ATTORNEY GENERAL.  On written notification to the attorney general by a United States citizen who resides in this state of the citizen's intent to manufacture a firearm suppressor to which Section 2.052 applies, the attorney general shall seek a declaratory judgment from a federal district court in this state that Section 2.052 is consistent with the United States Constitution.
Added by Acts 2021, 87th Leg., R.S., Ch. 642 (H.B. 957), Sec. 1, eff. September 1, 2021.