Bill Text: TX SB836 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the collection of consumer debt incurred as a result of identity theft.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-01 - Referred to Business & Commerce [SB836 Detail]
Download: Texas-2023-SB836-Introduced.html
| By: Zaffirini | S.B. No. 836 | |
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| relating to the collection of consumer debt incurred as a result of | ||
| identity theft. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 392, Finance Code, is | ||
| amended by adding Section 392.308 to read as follows: | ||
| Sec.392.308.CONSUMER VICTIM OF IDENTITY THEFT.(a)For the purposes of this section: | ||
| the purposes of this section: | ||
| (1) "Identity theft" means: | ||
| (A) a violation of Section 521.051, Business & | ||
| Commerce Code, or a substantially similar federal law or law in | ||
| another state; or | ||
| (B) a criminal offense described by Section | ||
| 32.51, Penal Code, or a substantially similar federal law or law in | ||
| another state. | ||
| (2) "Family violence" has the meaning assigned by | ||
| Section 71.004, Family Code. | ||
| (3) "Vulnerable adult" has the meaning assigned by | ||
| Section 281.001(5). | ||
| (4) "Victim of human trafficking" is a victim of an | ||
| offense under Section 20A.02, Penal Code. | ||
| (b) A creditor, debt collector, or third-party debt | ||
| collector must not engage in conduct prohibited by | ||
| Subsection (c) if the consumer provides: | ||
| (1) a criminal complaint alleging the commission of an | ||
| offense under Section 32.51, Penal Code, or a substantially similar | ||
| federal law or law in another state, for which the consumer was a | ||
| victim accompanied by a statement identifying the consumer debt or | ||
| portion of consumer debt that is the result of identity theft; | ||
| (2) a court order issued under Section 521.103, | ||
| Business & Commerce Code, or a substantially similar federal law or | ||
| law in another state, declaring the consumer a victim of identity | ||
| theft; or | ||
| (3) For victims of family violence, vulnerable adults, | ||
| or victims of human trafficking, an affidavit or unsworn | ||
| declaration conforming with Section 132.001, Civil Practices and | ||
| Remedies Code that is accompanied by: | ||
| (A) A statement that the consumer is a victim of | ||
| identify theft; | ||
| (B) Documentation verifying the consumer's | ||
| identity, which may include, but is not limited to a copy of the | ||
| consumer's government issued identification, a driver's license, | ||
| state issued identification card, or passport; | ||
| (C) A statement from the consumer identifying the | ||
| disputed consumer debt or portion of the consumer debt and | ||
| detailing the circumstances of the identity theft, including how | ||
| the consumer debt or the affected portion of the consumer debt was | ||
| incurred; and | ||
| (D) Documentation that a person is a victim of | ||
| family violence, a vulnerable adult, or a victim of human | ||
| trafficking: | ||
| (i) acceptable documentation that a person | ||
| is a victim of family violence includes one or more of the documents | ||
| listed in Section 92.016 (b-1), Property Code. | ||
| (ii) acceptable documentation that a person | ||
| is a vulnerable adult includes documentation that the person meets | ||
| the applicable age or disability definitions under Section 281.001 | ||
| (5). | ||
| (iii) acceptable documentation that a | ||
| person is a victim of human trafficking includes one or more of the | ||
| documents listed in 12 CFR 1022.142 (b) (6) (i). | ||
| (c) Notwithstanding other provisions in this Chapter, a | ||
| creditor, debt collector, or third-party debt collector who | ||
| receives notice that a consumer debt is a result of identity theft | ||
| from a victim of identity theft in accordance with Subsection (b) | ||
| shall: | ||
| (1) immediately cease collection of the disputed | ||
| consumer debt or any disputed portion of the consumer debt; | ||
| (2) inform any third-party receiving information | ||
| about the disputed consumer debt or disputed portion of the | ||
| consumer debt that the consumer debt or portion of consumer debt is | ||
| disputed as resulting from identity theft and is not collectable; | ||
| and | ||
| (3) not sell or transfer for consideration the | ||
| disputed consumer debt or the disputed portion of the consumer debt | ||
| except to the current owner of the consumer debt. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
