81R3735 CLG-D
By: Bohac H.B. No. 1478
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of information regarding debt incurred
for necessary medical treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 20, Business & Commerce
Code, is amended to read as follows:
CHAPTER 20. REGULATION OF CONSUMER CREDIT REPORTING [AGENCIES]
SECTION 2. Chapter 20, Business & Commerce Code, is amended
by adding Section 20.055 to read as follows:
Sec. 20.055. REPORTING OF INFORMATION RELATED TO DEBT
RESULTING FROM NECESSARY MEDICAL TREATMENT. (a) In this section,
"necessary medical treatment" means medical treatment for a
life-threatening condition, without which the likelihood of death
is probable.
(b) A person who provides medical treatment or a debt
collection agency may not furnish information to a consumer
reporting agency regarding an amount owed by a consumer for the
receipt of necessary medical treatment by the consumer or a person
to whom the consumer has a legal obligation to provide support.
(c) A person who provides medical treatment who violates
this section or a debt collection agency that violates this section
is liable to the consumer against whom the violation occurs for:
(1) the greater of:
(A) three times the amount of actual damages to
the consumer; or
(B) $1,000;
(2) reasonable attorney's fees; and
(3) court costs.
SECTION 3. The change in law made by Section 20.055,
Business & Commerce Code, as added by this Act, applies only to
information furnished to a consumer reporting agency on or after
the effective date of this Act. The furnishing of information to a
consumer reporting agency before the effective date of this Act is
governed by the law in effect when the information was furnished,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.