By: Nelson S.B. No. 60
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a parent or legal guardian to establish
a consumer file for a child and act on the child's behalf with a
consumer reporting agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 20, Business & Commerce Code, is amended
by adding Section 20.025 to read as follows:
Sec. 20.025. CONSUMER FILE FOR CHILD; AUTHORITY OF PARENT.
(a) In this section, "parent" means a natural or adoptive parent,
managing or possessory conservator, or legal guardian of a person.
The term does not include a parent whose parental rights have been
terminated.
(b) A parent of a child younger than 16 years of age may
request a consumer reporting agency to establish a consumer file
for the child.
(c) On the request of a parent who provides proof of
authority required by Subsection (d), a consumer reporting agency
shall establish and maintain a consumer file for the child and shall
recognize the authority of the parent to act on the child's behalf
as provided by this section.
(d) A certified copy of the child's birth certificate or
court order documenting that the parent is the managing or
possessory conservator or legal guardian of the person of the
child, presented together with a copy of a government-issued
identification issued to the parent, is acceptable proof of
authority for purposes of Subsection (c) and is considered "proper
identification" for purposes of any provision of this chapter,
including Sections 20.031 and 20.034.
(e) A parent of a child younger than 16 years of age for whom
a consumer file is established under this section has the same
authority to act on the child's behalf with respect to the child's
consumer file as a consumer has to act on the consumer's own behalf
under this chapter, including the authority to request the
placement or removal of a security alert or a security freeze.
(f) A charge imposed on a consumer under Section 20.04 is
imposed on the parent of a child for whom a consumer file is
established under this section.
(g) A consumer reporting agency may not recognize the
authority of an alleged parent to act on a child's behalf if the
agency receives proof that a court has terminated the relationship
under which the alleged parent assumes authority to act under this
section.
SECTION 2. Section 20.037, Business & Commerce Code, is
amended by adding Subsection (f) to read as follows:
(f) A consumer reporting agency shall, on the child's 16th
birthday, remove a security freeze placed on the consumer file of a
child established under Section 20.025 and shall notify both the
parent and child in writing at least 30 days before removing the
security freeze under this subsection.
SECTION 3. Section 20.04(b), Business & Commerce Code, is
amended by adding Subsection (7) to read as follows:
(7) establishing and maintaining a file created under
Section 20.025(c).
SECTION 4. This Act takes effect September 1, 2013.