| 1 | 1 | | 81R3735 CLG-D |
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| 2 | 2 | | By: Ellis S.B. No. 977 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the reporting of information regarding debt incurred |
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| 8 | 8 | | for necessary medical treatment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Chapter 20, Business & Commerce |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | CHAPTER 20. REGULATION OF CONSUMER CREDIT REPORTING [AGENCIES] |
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| 13 | 13 | | SECTION 2. Chapter 20, Business & Commerce Code, is amended |
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| 14 | 14 | | by adding Section 20.055 to read as follows: |
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| 15 | 15 | | Sec. 20.055. REPORTING OF INFORMATION RELATED TO DEBT |
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| 16 | 16 | | RESULTING FROM NECESSARY MEDICAL TREATMENT. (a) In this section, |
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| 17 | 17 | | "necessary medical treatment" means medical treatment for a |
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| 18 | 18 | | life-threatening condition, without which the likelihood of death |
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| 19 | 19 | | is probable. |
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| 20 | 20 | | (b) A person who provides medical treatment or a debt |
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| 21 | 21 | | collection agency may not furnish information to a consumer |
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| 22 | 22 | | reporting agency regarding an amount owed by a consumer for the |
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| 23 | 23 | | receipt of necessary medical treatment by the consumer or a person |
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| 24 | 24 | | to whom the consumer has a legal obligation to provide support. |
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| 25 | 25 | | (c) A person who provides medical treatment who violates |
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| 26 | 26 | | this section or a debt collection agency that violates this section |
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| 27 | 27 | | is liable to the consumer against whom the violation occurs for: |
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| 28 | 28 | | (1) the greater of: |
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| 29 | 29 | | (A) three times the amount of actual damages to |
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| 30 | 30 | | the consumer; or |
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| 31 | 31 | | (B) $1,000; |
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| 32 | 32 | | (2) reasonable attorney's fees; and |
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| 33 | 33 | | (3) court costs. |
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| 34 | 34 | | SECTION 3. The change in law made by Section 20.055, |
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| 35 | 35 | | Business & Commerce Code, as added by this Act, applies only to |
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| 36 | 36 | | information furnished to a consumer reporting agency on or after |
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| 37 | 37 | | the effective date of this Act. The furnishing of information to a |
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| 38 | 38 | | consumer reporting agency before the effective date of this Act is |
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| 39 | 39 | | governed by the law in effect when the information was furnished, |
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| 40 | 40 | | and the former law is continued in effect for that purpose. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2009. |
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