Texas 2017 - 85th Regular

Texas House Bill HB2001 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R6872 TSR-F
2	2	By: Johnson of Dallas H.B. No. 2001
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to fees charged by a consumer reporting agency for the
8	8	placement, temporary lifting, or removal of a security freeze on
9	9	the consumer file or record of certain consumers or protected
10	10	consumers.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 20.04, Business & Commerce Code, is
13	13	amended by amending Subsection (b) and adding Subsection (c) to
14	14	read as follows:
15	15	(b) A consumer reporting agency may not charge a fee for:
16	16	(1) a request by a consumer for a copy of the
17	17	consumer's file:
18	18	(A) made not later than the 60th day after the
19	19	date on which adverse action is taken against the consumer; or
20	20	(B) made on the expiration of a 45-day security
21	21	alert;
22	22	(2) notification of the deletion of information that
23	23	is found to be inaccurate or can no longer be verified sent to a
24	24	person designated by the consumer, as prescribed by Section 611 of
25	25	the Fair Credit Reporting Act (15 U.S.C. Section 1681i), as
26	26	amended;
27	27	(3) a set of instructions for understanding the
28	28	information presented on the consumer report;
29	29	(4) a toll-free telephone number that consumers may
30	30	call to obtain additional assistance concerning the consumer report
31	31	or to request a security alert;
32	32	(5) a request for a security alert made by a consumer;
33	33	or
34	34	(6) the placement, temporary lifting, or removal of a
35	35	security freeze at the request of a consumer who has submitted to
36	36	the consumer reporting agency:
37	37	(A) a copy of a valid police report,
38	38	investigative report, or complaint involving the alleged
39	39	commission of an offense under Section 32.51, Penal Code; or
40	40	(B) a copy of a notice from a user of a consumer
41	41	report, including a credit card issuer, as defined by Section
42	42	505.001, that the consumer's sensitive personal information has
43	43	been disclosed as a result of a breach of system security.
44	44	(c) In this section, "breach of system security" and
45	45	"sensitive personal information" have the meanings assigned those
46	46	terms by Sections 521.053 and 521.002, respectively.
47	47	SECTION 2. Section 20.21, Business & Commerce Code, is
48	48	amended by amending Subdivision (1) and adding Subdivisions (1-a)
49	49	and (5) to read as follows:
50	50	(1) "Breach of system security" has the meaning
51	51	assigned by Section 521.053.
52	52	(1-a) "Protected consumer" means an individual who
53	53	resides in this state and is younger than 16 years of age at the time
54	54	a request for the placement of a security freeze is made.
55	55	(5) "Sensitive personal information" has the meaning
56	56	assigned by Section 521.002.
57	57	SECTION 3. Section 20.29, Business & Commerce Code, is
58	58	amended by amending Subsection (b) and adding Subsection (d) to
59	59	read as follows:
60	60	(b) Except as provided by Subsection (c) or (d), a consumer
61	61	reporting agency may charge a reasonable fee in an amount not to
62	62	exceed $10 for each placement or removal of a security freeze on the
63	63	protected consumer's consumer file or record.
64	64	(d) A consumer reporting agency may not charge a fee for the
65	65	placement or removal of a security freeze under this subchapter if
66	66	the protected consumer's representative submits to the consumer
67	67	reporting agency a copy of a notice from a user of a consumer
68	68	report, including a credit card issuer, as defined by Section
69	69	505.001, that the protected consumer's sensitive personal
70	70	information has been disclosed as a result of a breach of system
71	71	security.
72	72	SECTION 4. This Act takes effect September 1, 2017.