By: Zaffirini S.B. No. 836               A BILL TO BE ENTITLED   AN ACT   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.