reglab/statecodes huggingface dataset:
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter E. Inspections and Examinations › Section 371.208. Verification of Net Assets

Sec. 371.208.  VERIFICATION OF NET ASSETS.  If the commissioner questions the amount of a pawnbroker's net assets, the commissioner may require certification by an independent certified public accountant that:
(1)  the accountant has reviewed the pawnbroker's books, other records, and transactions during the reporting year;
(2)  the books and other records are maintained using generally accepted accounting principles;  and
(3)  the pawnbroker meets the net assets requirement of Section 371.072.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter F. License Revocation, Suspension, and Surrender › Section 371.251. Revocation or Suspension of Pawnshop License

Sec. 371.251.  REVOCATION OR SUSPENSION OF PAWNSHOP LICENSE.  (a)  After notice and opportunity for a hearing, the commissioner may revoke or suspend a pawnshop license if the commissioner finds that:
(1)  the pawnbroker has not paid a fee or charge imposed by the commissioner under this chapter;
(2)  the pawnbroker, knowingly or without exercising due care to prevent the violation, has violated this chapter or a rule adopted or an order issued under this chapter;
(3)  a fact or condition exists that, if it had existed or had been known to exist at the time of the original license application, clearly would have justified refusal to issue the license;
(4)  the pawnbroker has established an association with an unlicensed person who, with the knowledge of the pawnbroker, has violated this chapter;
(5)  the pawnbroker has aided or conspired with a person to circumvent this chapter;
(6)  the pawnbroker or a legal or beneficial owner of the pawnbroker has been convicted of a crime that the commissioner finds directly relates to the duties and responsibilities of the occupation of pawnbroker or would otherwise make the person unfit for a pawnshop license under Section 371.052;
(7)  the financial responsibility, experience, character, or general fitness of the pawnbroker or its owners and managers do not command the confidence of the public or warrant the belief that the business will be operated lawfully, fairly, and within the purposes of this chapter; or
(8)  the pawnbroker has not maintained the minimum net assets required by Section 371.072.
(b)  The commissioner may:
(1)  place on probation a person whose license is suspended;  or
(2)  reprimand a pawnbroker for violating this chapter or a rule adopted under this chapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 79, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter F. License Revocation, Suspension, and Surrender › Section 371.252. Effect of Revocation, Suspension, or Surrender of Pawnshop License

Sec. 371.252.  EFFECT OF REVOCATION, SUSPENSION, OR SURRENDER OF PAWNSHOP LICENSE.  Revocation, suspension, or surrender of a pawnshop license does not affect a preexisting contract between the pawnbroker and a pledgor.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter F. License Revocation, Suspension, and Surrender › Section 371.253. Notice of Revocation

Sec. 371.253.  NOTICE OF REVOCATION.  (a)  On revocation of a pawnshop license by the commissioner, the pawnbroker shall send notice of the revocation to each pledgor with goods in the possession of, but not forfeited to, the pawnbroker on the revocation date.
(b)  The notice must be:
(1)  in a form prescribed by the commissioner;  and
(2)  mailed not later than the fifth day after the revocation date to the pledgor at the address recorded on the pawn ticket.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter F. License Revocation, Suspension, and Surrender › Section 371.254. Redemption of Goods After License Revocation or Suspension

Sec. 371.254.  REDEMPTION OF GOODS AFTER LICENSE REVOCATION OR SUSPENSION.  (a)  After revocation of a pawnshop license, the pawnbroker, for the sole purpose of allowing a pledgor to redeem pledged goods, shall maintain usual business hours at the pawnshop for 60 days after the latest maturity date of any pawn transaction made at that pawnshop.
(b)  If after the revocation of a license and within the period provided by Section 371.169 a pledgor requests an extension of that period, the pawnbroker shall grant an extension not to exceed 30 days.
(c)  The commissioner may exercise any authority conferred on the commissioner to protect the interest of a pledgor of goods in the possession of a pawnbroker whose license has been revoked, including assessment of a penalty or administrative enforcement under this chapter.
(d)  On suspension of a pawnshop license by the commissioner, the pawnbroker shall maintain the pawnshop's usual business hours during the suspension for the sole purpose of allowing a pledgor to redeem goods or to renew a pawn transaction that matures during the suspension.
(e)  A pawnbroker shall renew a pawn transaction that matures during a suspension if, not later than the 60th day after the maturity date, the pledgor requests a renewal.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter F. License Revocation, Suspension, and Surrender › Section 371.255. Revocation or Suspension of Pawnshop Employee License

Sec. 371.255.  REVOCATION OR SUSPENSION OF PAWNSHOP EMPLOYEE LICENSE.  After notice and opportunity for a hearing, the commissioner may revoke or suspend a pawnshop employee license if the commissioner finds that:
(1)  the license holder knowingly or recklessly violated this chapter or a rule adopted or order issued under this chapter;
(2)  a fact or condition exists that, if it had existed or had been known to exist at the time of the original license application, clearly would have justified refusal to issue the license; or
(3)  the business repute and general fitness of the license holder do not warrant belief that the license holder will operate the business lawfully and fairly within the provisions of this chapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 80, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 159 (S.B. 1371), Sec. 28, eff. September 1, 2023.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter F. License Revocation, Suspension, and Surrender › Section 371.256. Hearing

Sec. 371.256.  HEARING.  (a)  The commissioner shall send written notice of a pawnshop employee license revocation or suspension hearing to:
(1)  the license holder;  and
(2)  the employing pawnbroker.
(b)  The commissioner shall hold the hearing not earlier than the 21st day after the date the notice was sent.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter F. License Revocation, Suspension, and Surrender › Section 371.257. Surrender of License

Sec. 371.257.  SURRENDER OF LICENSE.  (a)  The holder of a pawnshop license or a pawnshop employee license may surrender the license by complying with the commissioner's written instructions relating to license surrender.
(b)  Surrender does not affect a license holder's civil or criminal liability for an act committed before the surrender.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 159 (S.B. 1371), Sec. 29, eff. September 1, 2023.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter F. License Revocation, Suspension, and Surrender › Section 371.258. Reinstatement of License

Sec. 371.258.  REINSTATEMENT OF LICENSE.  (a)  This section applies to a pawnshop license or a pawnshop employee license.
(b)  The commissioner may reinstate a suspended pawnshop license or pawnshop employee license or issue a new license to the person whose license or licenses have been revoked if no fact or condition exists that clearly would have justified refusal to issue the license originally.
(c)  The commissioner shall reinstate an expired pawnbroker license if, not later than the 180th day after the date on which the license expired, the pawnbroker pays the commissioner the delinquent $125 fee plus a reinstatement fee of $1,000. After a pawnbroker's license has expired, the commissioner shall promptly send notice of reinstatement rights to the delinquent pawnbroker by certified mail.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 801, Sec. 13, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1399, Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 81, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter F. License Revocation, Suspension, and Surrender › Section 371.259. Certificate of Standing; Copies

Sec. 371.259.  CERTIFICATE OF STANDING;  COPIES.  The commissioner, under the commissioner's seal and signature, shall provide a certificate of good standing or a certified copy of a pawnshop license or a pawnshop employee license to a person who applies and pays for the certificate or copy.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter G. Enforcement; Penalties › Section 371.301. Commissioner's Enforcement Powers

Sec. 371.301.  COMMISSIONER'S ENFORCEMENT POWERS.  For purposes of enforcing this chapter, the commissioner:
(1)  has the powers granted to the commissioner under Chapter 14;
(2)  may exercise those powers in the same manner as those powers may be exercised under:
(A)  Chapters 14, 392, and 394;
(B)  Subtitle B, Title 4; and
(C)  Chapters 51, 302, 601, and 621, Business & Commerce Code; and
(3)  has any authority granted the commissioner by other law.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.19, eff. April 1, 2009.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter G. Enforcement; Penalties › Section 371.302. Order to End Violation; Injunction; Damages

Sec. 371.302.  ORDER TO END VIOLATION;  INJUNCTION;  DAMAGES.  (a)  If the commissioner has reasonable cause to believe that a person is violating this chapter, the commissioner, in addition to and without prejudice to other authority provided by this chapter, may enter an order requiring the person to stop or to refrain from the violation.
(b)  At the commissioner's request, the attorney general or an attorney authorized to represent this state in district court shall sue in any district court with venue or in a district court of Travis County to enjoin a person from violating or continuing a violation of this chapter or from acting to further a violation.  The court may enter an order or judgment awarding a preliminary or permanent injunction.  The court may issue an additional order or judgment for actual damages suffered by a person as a result of the violation.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter G. Enforcement; Penalties › Section 371.303. Administrative Penalty

Sec. 371.303.  ADMINISTRATIVE PENALTY.  (a)  The commissioner may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter.
(b)  The commissioner may assess the administrative penalty in an amount not to exceed $1,000.
(c)  Each day a violation continues or occurs may be considered a separate violation for purposes of this section.  The aggregate amount of penalties that may be assessed under this section against a person during one calendar year may not exceed $10,000 for violations an element of which occurred at the same business location.
(d)  In determining the amount of a penalty, the commissioner shall consider:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act;
(2)  the history of previous violations;
(3)  the amount necessary to deter future violations;
(4)  efforts to correct the violation;  and
(5)  any other matter that justice may require.
(e)  If, after investigation of a possible violation and the facts relating to that possible violation, the commissioner determines that a violation has occurred, the commissioner shall issue a preliminary report that states:
(1)  the facts on which the conclusion is based;
(2)  the fact that an administrative penalty is to be imposed;  and
(3)  the amount to be assessed.
(f)  Not later than the 10th day after the date on which the commissioner issues the preliminary report, the commissioner shall send to the person charged with the violation a copy of the report and a statement that the person has a right to a hearing on the alleged violation and the amount of the penalty.
(g)  Not later than the 20th day after the date on which the report is sent, the person charged may make a written request for a hearing or may pay to the commissioner the amount of the administrative penalty.  A person who does not request a hearing or pay the amount of the penalty within the prescribed time waives the right to a hearing.
(h)  If the person charged accepts the commissioner's determination, the commissioner shall issue an order approving the determination and ordering payment of the recommended penalty.
(i)  If it is determined after a hearing that the person has committed the alleged violation, the commissioner shall give written notice to the person of each finding established by the hearing and the amount of the penalty and shall enter an order requiring the person to pay the penalty.
(j)  Not later than the 30th day after the date on which the notice is received, the person charged shall pay the administrative penalty in full.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 4.06, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter G. Enforcement; Penalties › Section 371.304. Acting Without a License; Offenses

Sec. 371.304.  ACTING WITHOUT A LICENSE;  OFFENSES.  (a)  A person who violates Section 371.051 commits an offense.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 95(3), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 95(3), eff. September 1, 2019.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 95(3), eff. September 1, 2019.
(e)  An offense under Subsection (a) is a misdemeanor punishable by:
(1)  a fine not to exceed $10,000;
(2)  confinement in county jail for a term not to exceed one year;  or
(3)  both the fine and confinement.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 95(3), eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter G. Enforcement; Penalties › Section 371.305. Wilful Violation of Chapter; Offense

Sec. 371.305.  WILFUL VIOLATION OF CHAPTER;  OFFENSE.  (a)  A person commits an offense if the person holds a license under this chapter and:
(1)  wilfully violates this chapter;  or
(2)  wilfully makes a false entry in a record specifically required by this chapter.
(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $1,000.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle C - Pawnshops › Chapter 371 - Pawnshops › Subchapter G. Enforcement; Penalties › Section 371.306. Penalty for Certain Violations

Sec. 371.306.  PENALTY FOR CERTAIN VIOLATIONS.  (a)  A pawnbroker who contracts for, charges, or collects a pawn service charge that is greater than the amount authorized by this chapter or otherwise violates this chapter:
(1)  is liable for twice the amount of the pawn service charge contracted for;  and
(2)  shall return the goods pledged in connection with the pawn transaction on request of the pledgor and payment of the balance due.
(b)  A pawnbroker who contracts for, charges, or collects a pawn service charge that is greater than twice the amount authorized by this chapter:
(1)  is not entitled to collect any amount on the pawn transaction;  and
(2)  shall return the goods pledged in connection with the pawn transaction on request of the pledgor.
(c)  Subsection (a) or (b) does not apply to a violation that results from an accidental and bona fide error, corrected upon discovery.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 391 - Furnishing False Credit Information › Section 391.001. Definition

Sec. 391.001.  DEFINITION.  In this chapter, "credit reporting bureau" means a person who engages in the practice of assembling or reporting credit information about individuals for the purpose of furnishing the information to a third party.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 391 - Furnishing False Credit Information › Section 391.002. Furnishing False Information; Penalty

Sec. 391.002.  FURNISHING FALSE INFORMATION;  PENALTY.  (a)  A person commits an offense if the person knowingly furnishes false information about another person's creditworthiness, credit standing, or credit capacity to a credit reporting bureau.
(b)  A credit reporting bureau commits an offense if the credit reporting bureau knowingly furnishes false information about a person's creditworthiness, credit standing, or credit capacity to a third party.
(c)  An offense under this section is a misdemeanor punishable by a fine of not more than $200.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter A. General Provisions › Section 392.001. Definitions

Sec. 392.001.  DEFINITIONS.  In this chapter:
(1)  "Consumer" means an individual who has a consumer debt.
(2)  "Consumer debt" means an obligation, or an alleged obligation, primarily for personal, family, or household purposes and arising from a transaction or alleged transaction.
(3)  "Creditor" means a party, other than a consumer, to a transaction or alleged transaction involving one or more consumers.
(4)  "Credit bureau" means a person who, for compensation, gathers, records, and disseminates information relating to the creditworthiness, financial responsibility, and paying habits of, and similar information regarding, a person for the purpose of furnishing that information to another person.
(5)  "Debt collection" means an action, conduct, or practice in collecting, or in soliciting for collection, consumer debts that are due or alleged to be due a creditor.
(6)  "Debt collector" means a person who directly or indirectly engages in debt collection and includes a person who sells or offers to sell forms represented to be a collection system, device, or scheme intended to be used to collect consumer debts.
(7)  "Third-party debt collector" means a debt collector, as defined by 15 U.S.C. Section 1692a(6), but does not include an attorney collecting a debt as an attorney on behalf of and in the name of a client unless the attorney has nonattorney employees who:
(A)  are regularly engaged to solicit debts for collection;  or
(B)  regularly make contact with debtors for the purpose of collection or adjustment of debts.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.42, eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter B. Surety Bond › Section 392.101. Bond Requirement

Sec. 392.101.  BOND REQUIREMENT.  (a)  A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a surety bond issued by a surety company authorized to do business in this state as prescribed by this section.  A copy of the bond must be filed with the secretary of state.
(b)  The bond must be in favor of:
(1)  any person who is damaged by a violation of this chapter;  and
(2)  this state for the benefit of any person who is damaged by a violation of this chapter.
(c)  The bond must be in the amount of $10,000.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter B. Surety Bond › Section 392.102. Claim Against Bond

Sec. 392.102.  CLAIM AGAINST BOND.  A person who claims against a bond for a violation of this chapter may maintain an action against the third-party debt collector or credit bureau and against the surety.  The aggregate liability of the surety to all persons damaged by a violation of this chapter may not exceed the amount of the bond.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter C. Information in Files of Credit Bureau or Debt Collector › Section 392.201. Report to Consumer

Sec. 392.201.  REPORT TO CONSUMER.  Not later than the 45th day after the date of the request, a credit bureau shall provide to a person in its registry a copy of all information contained in its files concerning that person.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter D. Prohibited Debt Collection Methods › Section 392.301. Threats or Coercion

Sec. 392.301.  THREATS OR COERCION.  (a)  In debt collection, a debt collector 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 a person or property of a person;
(2)  accusing falsely or threatening to accuse falsely a person of fraud or any other crime;
(3)  representing or threatening to represent to any person other than the consumer that a consumer is wilfully refusing to pay a nondisputed consumer debt when the debt is in dispute and the consumer has notified in writing the debt collector of the dispute;
(4)  threatening to sell or assign to another the obligation of the consumer and falsely representing that the result of the sale or assignment would be that the consumer would lose a defense to the consumer debt or would be subject to illegal collection attempts;
(5)  threatening that the debtor will be arrested for nonpayment of a consumer debt without proper court proceedings;
(6)  threatening to file a charge, complaint, or criminal action against a debtor when the debtor has not violated a criminal law;
(7)  threatening that nonpayment of a consumer debt will result in the seizure, repossession, or sale of the person's property without proper court proceedings;  or
(8)  threatening to take an action prohibited by law.
(b)  Subsection (a) does not prevent a debt collector from:
(1)  informing a debtor that the debtor may be arrested after proper court proceedings if the debtor has violated a criminal law of this state;
(2)  threatening to institute civil lawsuits or other judicial proceedings to collect a consumer debt;  or
(3)  exercising or threatening to exercise a statutory or contractual right of seizure, repossession, or sale that does not require court proceedings.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter D. Prohibited Debt Collection Methods › Section 392.302. Harassment; Abuse

Sec. 392.302.  HARASSMENT;  ABUSE.  In debt collection, a debt collector may not oppress, harass, or abuse a person by:
(1)  using profane or obscene language or language intended to abuse unreasonably the hearer or reader;
(2)  placing telephone calls without disclosing the name of the individual making the call and with the intent to annoy, harass, or threaten a person at the called number;
(3)  causing a person to incur a long distance telephone toll, telegram fee, or other charge by a medium of communication without first disclosing the name of the person making the communication;  or
(4)  causing a telephone to ring repeatedly or continuously, or making repeated or continuous telephone calls, with the intent to harass a person at the called number.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter D. Prohibited Debt Collection Methods › Section 392.303. Unfair or Unconscionable Means

Sec. 392.303.  UNFAIR OR UNCONSCIONABLE MEANS.  (a)  In debt collection, a debt collector may not use unfair or unconscionable means that employ the following practices:
(1)  seeking or obtaining a written statement or acknowledgment in any form that specifies that a consumer's obligation is one incurred for necessaries of life if the obligation was not incurred for those necessaries;
(2)  collecting or attempting to collect interest or a charge, fee, or expense incidental to the obligation unless the interest or incidental charge, fee, or expense is expressly authorized by the agreement creating the obligation or legally chargeable to the consumer; or
(3)  collecting or attempting to collect an obligation under a check, draft, debit payment, or credit card payment, if:
(A)  the check or draft was dishonored or the debit payment or credit card payment was refused because the check or draft was not drawn or the payment was not made by a person authorized to use the applicable account;
(B)  the debt collector has received written notice from a person authorized to use the account that the check, draft, or payment was unauthorized; and
(C)  the person authorized to use the account has filed a report concerning the unauthorized check, draft, or payment with a law enforcement agency, as defined by Article 59.01, Code of Criminal Procedure, and has provided the debt collector with a copy of the report.
(b)  Notwithstanding Subsection (a)(2), a creditor may charge a reasonable reinstatement fee as consideration for renewal of a real property loan or contract of sale, after default, if the additional fee is included in a written contract executed at the time of renewal.
(c)  Subsection (a)(3) does not prohibit a debt collector from collecting or attempting to collect an obligation under a check, draft, debit payment, or credit card payment if the debt collector has credible evidence, including a document, video recording, or witness statement, that the report filed with a law enforcement agency, as required by Subsection (a)(3)(C), is fraudulent and that the check, draft, or payment was authorized.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 505 (H.B. 628), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter D. Prohibited Debt Collection Methods › Section 392.305. Deceptive Use of Credit Bureau Name

Sec. 392.305.  DECEPTIVE USE OF CREDIT BUREAU NAME.  A person may not use "credit bureau," "retail merchants," or "retail merchants association" in the person's business or trade name unless:
(1)  the person is engaged in gathering, recording, and disseminating information, both favorable and unfavorable, relating to the creditworthiness, financial responsibility, and paying habits of, and similar information regarding, persons being considered for credit extension so that a prospective creditor can make a sound decision in the extension of credit;  or
(2)  the person is a nonprofit retail trade association that:
(A)  consists of individual members;
(B)  qualifies as a bona fide business league as defined by the United States Internal Revenue Service;  and
(C)  does not engage in the business of debt collection or credit reporting.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter D. Prohibited Debt Collection Methods › Section 392.306. Use of Independent Debt Collector

Sec. 392.306.  USE OF INDEPENDENT DEBT COLLECTOR.  A creditor may not use an independent debt collector if the creditor has actual knowledge that the independent debt collector repeatedly or continuously engages in acts or practices that are prohibited by this chapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter E. Defense, Criminal Penalty, and Civil Remedies › Section 392.401. Bona Fide Error

Sec. 392.401.  BONA FIDE ERROR.  A person does not violate this chapter if the action complained of resulted from a bona fide error that occurred notwithstanding the use of reasonable procedures adopted to avoid the error.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter E. Defense, Criminal Penalty, and Civil Remedies › Section 392.402. Criminal Penalty

Sec. 392.402.  CRIMINAL PENALTY.  (a)  Except as provided by Subsection (d), a person commits an offense if the person violates this chapter.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $500 for each violation.
(c)  A misdemeanor charge under this section must be filed not later than the first anniversary of the date of the alleged violation.
(d)  This section does not apply to a violation of Section 392.307.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1055 (H.B. 996), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter E. Defense, Criminal Penalty, and Civil Remedies › Section 392.403. Civil Remedies

Sec. 392.403.  CIVIL REMEDIES.  (a)  A person may sue for:
(1)  injunctive relief to prevent or restrain a violation of this chapter;  and
(2)  actual damages sustained as a result of a violation of this chapter.
(b)  A person who successfully maintains an action under Subsection (a) is entitled to attorney's fees reasonably related to the amount of work performed and costs.
(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.
(d)  If the attorney general reasonably believes that a person is violating or is about to violate this chapter, the attorney general may bring an action in the name of this state against the person to restrain or enjoin the person from violating this chapter.
(e)  A person who successfully maintains an action under this section for violation of Section 392.101, 392.202, or 392.301(a)(3) is entitled to not less than $100 for each violation of this chapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 392 - Debt Collection › Subchapter E. Defense, Criminal Penalty, and Civil Remedies › Section 392.404. Remedies Under Other Law

Sec. 392.404.  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 a debtor, creditor, governmental entity, or other legal entity.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 393 - Credit Services Organizations › Subchapter A. General Provisions › Section 393.001. Definitions

Sec. 393.001.  DEFINITIONS.  In this chapter:
(1)  "Consumer" means an individual who is solicited to purchase or who purchases the services of a credit services organization.
(2)  "Consumer reporting agency" has the meaning assigned by Section 603(f), Fair Credit Reporting Act (15 U.S.C. Section 1681a(f)).
(3)  "Credit services organization" means a person who provides, or represents that the person can or will provide, for the payment of valuable consideration any of the following services with respect to the extension of consumer credit by others:
(A)  improving a consumer's credit history or rating;
(B)  obtaining an extension of consumer credit for a consumer;  or
(C)  providing advice or assistance to a consumer with regard to Paragraph (A) or (B).
(4)  "Extension of consumer credit" means the right to defer payment of debt offered or granted primarily for personal, family, or household purposes or to incur the debt and defer its payment.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 393 - Credit Services Organizations › Subchapter A. General Provisions › Section 393.002. Persons Not Covered

Sec. 393.002.  PERSONS NOT COVERED.  (a)  This chapter does not apply to:
(1)  a person:
(A)  authorized to make a loan or grant an extension of consumer credit under the laws of this state or the United States;  and
(B)  subject to regulation and supervision by this state or the United States;
(2)  a lender approved by the United States secretary of housing and urban development for participation in a mortgage insurance program under the National Housing Act (12 U.S.C. Section 1701 et seq.);
(3)  a bank or savings association the deposits or accounts of which are eligible to be insured by the Federal Deposit Insurance Corporation or a subsidiary of the bank or association;
(4)  a credit union doing business in this state;
(5)  a nonprofit organization exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3));
(6)  a real estate broker or salesperson licensed under Chapter 1101, Occupations Code, who is acting within the course and scope of that license;
(7)  an individual licensed to practice law in this state who is acting within the course and scope of the individual's practice as an attorney;
(8)  a broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation;
(9)  a consumer reporting agency;
(10)  a person whose primary business is making loans secured by liens on real property;
(11)  a mortgage broker or loan officer licensed under Chapter 156, Finance Code, who is acting within the course and scope of that license;  or
(12)  an electronic return originator who:
(A)  is an authorized Internal Revenue Service e-file provider;  and
(B)  makes, negotiates, arranges for, or transacts a loan that is based on a person's federal income tax refund on behalf of a bank, savings bank, savings and loan association, or credit union.
(b)  In an action under this chapter, a person claiming an exemption under this section has the burden of proving the exemption.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.036, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1254, Sec. 3, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 135, Sec. 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.775, eff. Sept. 1, 2003.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 393 - Credit Services Organizations › Subchapter A. General Provisions › Section 393.003. Waiver Void

Sec. 393.003.  WAIVER VOID.  A waiver of a provision of this chapter by a consumer is void.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 393 - Credit Services Organizations › Subchapter B. Registration and Disclosure Statements › Section 393.101. Registration Statement

Sec. 393.101.  REGISTRATION STATEMENT.  (a)  Before conducting business in this state, a credit services organization shall register with the secretary of state by filing a statement that:
(1)  contains the name and address of:
(A)  the organization;  and
(B)  each person who directly or indirectly owns or controls at least 10 percent of the outstanding shares of stock in the organization;  and
(2)  fully discloses any litigation or unresolved complaint relating to the operation of the organization filed with a governmental authority of this state or contains a notarized statement that there has been no litigation or unresolved complaint of that type.
(b)  The organization shall keep a copy of the registration statement in its files.
(c)  The secretary of state may not require an organization to provide information other than information contained in the registration statement.
(d)  A registration certificate expires on the first anniversary of its date of issuance.  A registered credit services organization may renew a registration certificate by filing a renewal application, in the form prescribed by the secretary of state, and paying the renewal fee.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.44(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 393 - Credit Services Organizations › Subchapter B. Registration and Disclosure Statements › Section 393.102. Update of Registration Statement

Sec. 393.102.  UPDATE OF REGISTRATION STATEMENT.  A credit services organization shall update information contained in the registration statement not later than the 90th day after the date on which the information changes.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 393 - Credit Services Organizations › Subchapter B. Registration and Disclosure Statements › Section 393.103. Inspection of Registration Statement

Sec. 393.103.  INSPECTION OF REGISTRATION STATEMENT.  A credit services organization shall allow a consumer to inspect the registration statement on request.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 393 - Credit Services Organizations › Subchapter B. Registration and Disclosure Statements › Section 393.104. Filing Fee

Sec. 393.104.  FILING FEE.  The secretary of state may charge a credit services organization a reasonable fee to cover the cost of filing a registration statement or renewal application in an amount not to exceed $100.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.44(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 393 - Credit Services Organizations › Subchapter B. Registration and Disclosure Statements › Section 393.105. Disclosure Statement

Sec. 393.105.  DISCLOSURE STATEMENT.  Before executing a contract with a consumer or receiving valuable consideration from a consumer, a credit services organization shall provide the consumer with a document containing:
(1)  a complete and detailed description of the services to be performed by the organization for the consumer and the total cost of those services;
(2)  an explanation of the consumer's right to proceed against the surety bond or account obtained under Section 393.302;
(3)  the name and address of the surety company that issued the surety bond or the name and address of the depository and the trustee and the account number of the surety account, as appropriate;
(4)  a complete and accurate statement of the consumer's right to review information on the consumer maintained in a file by a consumer reporting agency, as provided by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.);
(5)  a statement that information in the consumer's file is available for review:
(A)  without charge on request made to the consumer reporting agency not later than the 30th day after the date on which the agency receives notice the consumer has been denied credit;  and
(B)  for a minimal charge at any other time;
(6)  a complete and accurate statement of the consumer's right to dispute directly with a consumer reporting agency the completeness or accuracy of an item contained in the consumer's file maintained by the agency;
(7)  a statement that accurate information cannot be permanently removed from the files of a consumer reporting agency;
(8)  a complete and accurate statement explaining:
(A)  when consumer information becomes obsolete;  and
(B)  that a consumer reporting agency is prevented from issuing a report containing obsolete information;  and
(9)  a complete and accurate statement of the availability of nonprofit credit counseling services.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 393 - Credit Services Organizations › Subchapter B. Registration and Disclosure Statements › Section 393.106. Copy of Disclosure Statement

Sec. 393.106.  COPY OF DISCLOSURE STATEMENT.  A credit services organization shall keep in its files a copy of a document required under Section 393.105, signed by the consumer, acknowledging receipt, until the second anniversary of the date on which the organization provides the document.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 393 - Credit Services Organizations › Subchapter C. Contract for Services › Section 393.201. Form and Terms of Contract

Sec. 393.201.  FORM AND TERMS OF CONTRACT.  (a)  Each contract for the purchase of the services of a credit services organization by a consumer must be in writing, dated, and signed by the consumer.
(b)  In addition to the notice required by Section 393.202, the contract must:
(1)  contain the payment terms, including the total payments to be made by the consumer, whether to the organization or to another person;
(2)  fully describe the services the organization is to perform for the consumer, including each guarantee and each promise of a full or partial refund and the estimated period for performing the services, not to exceed 180 days;
(3)  contain the address of the organization's principal place of business;  and
(4)  contain the name and address of the organization's agent in this state authorized to receive service of process.
(c)  A contract with a credit access business, as defined by Section 393.601, for the performance of services described by Section 393.602(a) must, in addition to the requirements of Subsection (b) and Section 393.302:
(1)  contain a statement that there is no prepayment penalty;
(2)  contain a statement that a credit access business must comply with Chapter 392 and the federal Fair Debt Collection Practices Act (15 U.S.C. Section 1692 et seq.) with respect to an extension of consumer credit described by Section 393.602(a);
(3)  contain a statement that a person may not threaten or pursue criminal charges against a consumer related to a check or other debit authorization provided by the consumer as security for a transaction in the absence of forgery, fraud, theft, or other criminal conduct;
(4)  contain a statement that a credit access business must comply, to the extent applicable, with 10 U.S.C. Section 987 and any regulations adopted under that law with respect to an extension of consumer credit described by Section 393.602(a);
(5)  disclose to the consumer:
(A)  the lender from whom the extension of consumer credit is obtained;
(B)  the interest paid or to be paid to the lender; and
(C)  the specific fees that will be paid to the credit access business for the business's services; and
(6)  the name and address of the Office of Consumer Credit Commissioner and the telephone number of the office's consumer helpline.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Finance Code › Title 5 - Protection of Consumers of Financial Services › Chapter 393 - Credit Services Organizations › Subchapter C. Contract for Services › Section 393.202. Notice of Cancellation

Sec. 393.202.  NOTICE OF CANCELLATION.  (a)  The contract must conspicuously state the following, in type that is boldfaced, capitalized, underlined, or otherwise distinguished from the surrounding written material and in immediate proximity to the space reserved for the consumer's signature:  "You, the buyer, may cancel this contract at any time before midnight of the third day after the date of the transaction.  See the attached notice of cancellation form for an explanation of this right."
(b)  The contract must have attached two easily detachable copies of a cancellation notice.  The notice must be in boldfaced type and in the following form:
"Notice of Cancellation
You may cancel this contract, without any penalty or obligation, within three days after the date the contract is signed.
If you cancel, any payment made by you under this contract will be returned within 10 days after the date of receipt by the seller of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice, to:
(name of seller) at (address of seller)(place of business) not later than midnight (date)
I hereby cancel this transaction.
(date)
(purchaser's signature)"
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.