88R13646 MLH-F     By: Meyer H.B. No. 4641       A BILL TO BE ENTITLED   AN ACT   relating to the collection of consumer debt incurred by certain   individuals 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)  In   this section:                (1)  "Family violence" has the meaning assigned by   Section 71.004, Family Code.                (2)  "Human trafficking" means conduct that   constitutes an offense under Section 20A.02, Penal Code.                (3)  "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.                (4)  "Vulnerable adult" has the meaning assigned by   Section 281.001.          (b)  A creditor, debt collector, or third-party debt   collector may not attempt to collect a consumer debt or a portion of   a consumer debt 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   the portion of consumer debt that resulted from the offense;                (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)  if the consumer is a victim of family violence, a   victim of human trafficking, or a vulnerable adult, an affidavit or   unsworn declaration under Chapter 132, Civil Practice and Remedies   Code.          (c)  An affidavit under Subsection (b)(3) must include:                (1)  a statement that the consumer is a victim of   identity theft;                 (2)  documentation verifying the consumer's identity,   including a copy of the consumer's passport or a copy of a driver's   license or state identification card issued to the consumer by the   Department of Public Safety;                 (3)  a statement:                      (A)  identifying the consumer debt or affected   portion of the consumer debt incurred as a result of identity theft;   and                      (B)  detailing the circumstances of the identity   theft, including how the consumer debt or the affected portion of   the consumer debt was incurred; and                (4)  documentation that the consumer is:                      (A)  a victim of family violence, as demonstrated   by any evidence acceptable under Section 92.016(b-1), Property   Code;                      (B)  a victim of human trafficking, as   demonstrated by:                            (i)  a determination from a federal, state,   or tribal governmental entity, from a nongovernmental   organization, or from a human trafficking task force determining   that the consumer is a victim of human trafficking;                            (ii)  a determination that the consumer is a   victim of human trafficking from a court of competent jurisdiction   in a case where the issue of whether the consumer is a victim of   human trafficking is a central issue of the case; or                            (iii)  a statement attesting that the   consumer is a victim of human trafficking, signed or certified by   the consumer and an entity in Subparagraph (i) or (ii); or                      (C)  a vulnerable adult.          (d)  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):                (1)  shall immediately cease collection efforts   related to the disputed portion of the debt;                (2)  shall send to each person who has previously   received a report relating to that debt from the creditor, debt   collector, or third-party debt collector notice that the debt is   disputed under this section and not collectable; and                (3)  may not sell the debt or transfer it for   consideration.          SECTION 2.  This Act takes effect September 1, 2023.