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AN ACT
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relating to the enforcement of a provision regarding the imposition |
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of a surcharge for the use of a credit card. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 339.001, Finance Code, is amended by |
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amending Subsection (c) and adding Subsections (d) and (e) to read |
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as follows: |
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(c) The consumer credit commissioner has [Finance
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Commission of Texas shall have] exclusive jurisdiction to enforce |
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[and adopt rules relating to] this section. |
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(d) The Finance Commission of Texas may adopt rules relating |
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to this section. Rules adopted pursuant to this section shall be |
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consistent with federal laws and regulations governing credit card |
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transactions described by this section. |
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(e) This section does not create a cause of action against |
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an individual for violation of this section. |
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SECTION 2. Section 14.101, Finance Code, is amended to read |
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as follows: |
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Sec. 14.101. GENERAL DUTIES OF COMMISSIONER. The |
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commissioner shall enforce Section 339.001, this chapter, |
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Subtitles B and C of Title 4, Chapter 393 with respect to a credit |
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access business, and Chapter 394 in person or through an assistant |
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commissioner, examiner, or other employee of the office. |
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SECTION 3. Section 14.201, Finance Code, is amended to read |
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as follows: |
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Sec. 14.201. INVESTIGATION AND ENFORCEMENT |
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AUTHORITY. Investigative and enforcement authority under this |
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subchapter applies only to Section 339.001, this chapter, Subtitles |
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B and C of Title 4, Chapter 393 with respect to a credit access |
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business, and Chapter 394. |
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SECTION 4. Section 14.2015(a), Finance Code, as amended by |
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Chapters 1182 (H.B. 3453) and 1302 (H.B. 2594), Acts of the 82nd |
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Legislature, Regular Session, 2011, is reenacted and amended to |
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read as follows: |
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(a) Except as provided by Subsection (b), information or |
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material obtained or compiled by the commissioner in relation to an |
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examination or investigation by the commissioner or the |
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commissioner's representative of a license holder, registrant, |
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applicant, or other person under Section 339.001, Subtitle B or C, |
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Title 4, Subchapter G of Chapter 393, or Chapter 394 is confidential |
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and may not be disclosed by the commissioner or an officer or |
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employee of the Office of Consumer Credit Commissioner, including: |
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(1) information obtained from a license holder, |
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registrant, applicant, or other person examined or investigated |
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under Section 339.001, Subtitle B or C, Title 4, Subchapter G of |
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Chapter 393, or Chapter 394; |
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(2) work performed by the commissioner or the |
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commissioner's representative on information obtained from a |
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license holder, registrant, applicant, or other person for the |
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purposes of an examination or investigation conducted under Section |
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339.001, Subtitle B or C, Title 4, Chapter 393 with respect to a |
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credit access business, or Chapter 394; |
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(3) a report on an examination or investigation of a |
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license holder, registrant, applicant, or other person conducted |
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under Section 339.001, Subtitle B or C, Title 4, Chapter 393 with |
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respect to a credit access business, or Chapter 394; and |
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(4) any written communications between the license |
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holder, registrant, applicant, or other person, as applicable, and |
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the commissioner or the commissioner's representative relating to |
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or referencing an examination or investigation conducted under |
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Section 339.001, Subtitle B or C, Title 4, Chapter 393 with respect |
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to a credit access business, or Chapter 394. |
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SECTION 5. Section 14.251(b), Finance Code, is amended to |
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read as follows: |
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(b) The commissioner may order a person who violates or |
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causes a violation of Section 339.001, this chapter, Chapter 394, |
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or Subtitle B, Title 4, or a rule adopted under Section 339.001, |
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this chapter, Chapter 394, or Subtitle B, Title 4, or a credit |
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access business who violates or causes a violation of Chapter 393 or |
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a rule adopted under Chapter 393, to make restitution to an |
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identifiable person injured by the violation. |
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SECTION 6. Section 14.261(a), Finance Code, is amended to |
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read as follows: |
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(a) In administering this chapter, the commissioner may |
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accept assurance of voluntary compliance from a person who is |
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engaging in or has engaged in an act or practice in violation of: |
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(1) Section 339.001; |
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(2) this chapter or a rule adopted under this chapter; |
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(3) [(2)] Chapter 393, if the person is a credit |
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access business, or Chapter 394; or |
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(4) [(3)] Subtitle B, Title 4, or a rule adopted under |
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Subtitle B, Title 4. |
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SECTION 7. Section 14.262, Finance Code, is amended to read |
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as follows: |
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Sec. 14.262. EFFECT OF ASSURANCE. (a) An assurance of |
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voluntary compliance is not an admission of a violation of: |
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(1) Section 339.001; |
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(2) this chapter or a rule adopted under this chapter; |
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(3) [(2)] Chapter 393 with respect to a credit access |
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business or Chapter 394; or |
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(4) [(3)] Subtitle B, Title 4, or a rule adopted under |
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Subtitle B, Title 4. |
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(b) Unless an assurance of voluntary compliance is |
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rescinded by agreement or voided by a court for good cause, a |
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subsequent failure to comply with the assurance is prima facie |
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evidence of a violation of: |
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(1) Section 339.001; |
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(2) this chapter or a rule adopted under this chapter; |
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(3) [(2)] Chapter 393 with respect to a credit access |
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business or Chapter 394; or |
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(4) [(3)] Subtitle B, Title 4, or a rule adopted under |
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Subtitle B, Title 4. |
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SECTION 8. The change in law made by this Act applies only |
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to a violation of Section 339.001, Finance Code, as amended by this |
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Act, that occurs on or after the effective date of this Act. A |
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violation that occurs before that date is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 9. To the extent of any conflict, this Act prevails |
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over another Act of the 83rd Legislature, Regular Session, 2013, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 10. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2548 was passed by the House on April |
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18, 2013, by the following vote: Yeas 141, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2548 was passed by the Senate on May |
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8, 2013, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |