HomeMy WebLinkAbout(0120) FW Credit Access Business Reg Ord 2020 amend.PDFORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, "LICENSES AND
MISCELLANEOUS BUSINESS REGULATIONS" OF THE CODE OF THE CITY
OF FORT WORTH, ARTICLE XIII, "CREDIT ACCESS BUSINESSES", TO
AMEND THE DEFINITION OF A CREDIT ACCESS BUSINESSES; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND NAMING AN EFFECTIVE DATE.
WHEREAS, on December 17, 2019, the City Council adopted Ordinance No.
23991-12-2019 to protect the welfare of the citizens of the City by monitoring credit access
businesses (more commonly known as payday and auto title lenders) in an effort to reduce
abusive and predatory lending practices; and
WHEREAS, the ordinance establishes a registration program for credit access
businesses, provides definitions for certain terms, imposes restrictions on extensions of
consumer credit made by credit access businesses, and imposes recordkeeping
requirements on credit access businesses; and
WHEREAS, upon the adoption of the ordinance the City joined over forty
municipalities across Texas who had adopted a uniform ordinance regulating credit access
businesses; and
WHEREAS, the City Attorney's Office recommends amending the definition of
"credit access business" to more closely align with the uniform ordinance adopted by other
municipalities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
Article XIII "Credit Access Businesses" to Chapter 20, "Licenses and
Miscellaneous Business Regulations," of the Code of Ordinances of Fort Worth, Texas
(2015), is hereby amended to revise the definition of "credit access business" to read as
follows:
ARTICLE XIII - CREDIT ACCESS BUSINESSES
See. 20-451- Definitions.
As used in this chapter:
(4) CREDIT ACCESS BUSINESS has the meaning given that term in Section 393.601
of the Texas Finance Code. This definition does not inelude-aer-edit sen,i�
Chapter 20 Credit Access Businesses Ordinance No.
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SECTION 2.
That this ordinance shall be cumulative of all other ordinances of the City of Fort
Worth, Texas, and shall not repeal any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as
to any and all violations of the City Code, or any amendments thereto that have accrued at
the time of the effective date of this ordinance; and as to such accrued violations, and all
pending litigation, both civil and criminal, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
SECTION 4.
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the
same would have been enacted by the City Council without the incorporation herein of any
such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
This ordinance shall take effect after adoption as required by law.
APPROVED AS TO FORM AND LEGALITY:
R-A
Melinda Ramos, Sr. Assistant City Attorney Mary Kayser, City Secretary
Adopted:
Effective:
Chapter 20 Credit Access Businesses Ordinance No.
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