Texas Finance Code Title 5, Chapter 394 - Debtor Assistance

SUBCHAPTER A DEBT COUNSELING AND EDUCATION

SUBCHAPTER C CONSUMER DEBT MANAGEMENT SERVICES

• Texas Section 394.001 - Duties Of Commissioner
  The consumer credit commissioner shall provide advice and assistance to: (1) encourage the establishment and operation of voluntary nonprofit debt-counseling services for residents of this...
• Texas Section 394.201 - Purpose; Construction
  (a) The purpose of this subchapter is to protect consumers who contract for services with debt management services providers. (b) This subchapter shall be liberally...
• Texas Section 394.202 - Definitions
  In this subchapter: (1) "Advertising" means information about a provider or about the provider's debt management services, communicated in writing or orally to an individual...
• Texas Section 394.203 - Applicability
  (a) Except as otherwise provided by this subchapter, this subchapter applies to a provider regardless of whether the provider charges a fee or receives consideration...
• Texas Section 394.204 - Registration
  (a) A person, regardless of whether located in this state, may not provide a debt management service to a consumer in this state unless the...
• Texas Section 394.205 - Records
  (a) A provider shall keep and use books, accounts, and other records that will enable the commissioner to determine if the provider is complying with...
• Texas Section 394.206 - Bond; Insurance
  (a) A provider shall, at the time the provider files an initial or renewal registration application with the commissioner, file: (1) a surety bond; or...
• Texas Section 394.207 - Advertising
  A provider may not engage in false or deceptive advertising. Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1,
• Texas Section 394.208 - Required Actions By Provider
  Sec. 394.208. REQUIRED ACTIONS BY PROVIDER. (a) A provider may not enroll a consumer in a debt management plan unless, through the services of a...
• Texas Section 394.209 - Written Debt Management Services Agreement
  (a) A debt management services provider may not prepare a debt management services agreement before the provider has fully complied with Sections 394.208(a) and (b)....
• Texas Section 394.2095 - Cancellation Of Agreement By Either Provider Or Consumer
  If a provider or a consumer cancels a debt management service agreement, the provider shall immediately return to the consumer: (1) any money of the...
• Texas Section 394.210 - Permitted Fees
  (a) With respect to the provision of a debt management plan service, a provider may not impose a fee or other charge on a consumer,...
• Texas Section 394.2101 - Adjustment Of Amounts Of Fees Or Other Charges
  (a) The commissioner shall compute and publish the dollar amounts of fees or other charges in amounts different from the amounts of fees or other...
• Texas Section 394.211 - Trust Account
  (a) A provider must use a trust account for the management of all money paid by or on behalf of a consumer and received by...
• Texas Section 394.212 - Prohibited Acts And Practices
  (a) A provider may not: (1) purchase a debt or obligation of a consumer; (2) receive or charge a fee in the form of a...
• Texas Section 394.213 - Duties Of Proper Management
  A provider has a duty to a consumer who receives debt management services from the provider to ensure that client money held by the provider...
• Texas Section 394.214 - Additional Enforcement Powers
  (a) The finance commission may adopt rules to carry out this subchapter. (b) The commissioner may: (1) investigate the activities of a person subject to...
• Texas Section 394.215 - Private Remedies
  (a) An agreement for debt management services between a consumer and a person that is not registered under this subchapter is void. (b) A consumer...

Last modified: September 28, 2016