85R6872 TSR-F
By: Johnson of Dallas H.B. No. 2001
A BILL TO BE ENTITLED
AN ACT
relating to fees charged by a consumer reporting agency for the
placement, temporary lifting, or removal of a security freeze on
the consumer file or record of certain consumers or protected
consumers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20.04, Business & Commerce Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) A consumer reporting agency may not charge a fee for:
(1) a request by a consumer for a copy of the
consumer's file:
(A) made not later than the 60th day after the
date on which adverse action is taken against the consumer; or
(B) made on the expiration of a 45-day security
alert;
(2) notification of the deletion of information that
is found to be inaccurate or can no longer be verified sent to a
person designated by the consumer, as prescribed by Section 611 of
the Fair Credit Reporting Act (15 U.S.C. Section 1681i), as
amended;
(3) a set of instructions for understanding the
information presented on the consumer report;
(4) a toll-free telephone number that consumers may
call to obtain additional assistance concerning the consumer report
or to request a security alert;
(5) a request for a security alert made by a consumer;
or
(6) the placement, temporary lifting, or removal of a
security freeze at the request of a consumer who has submitted to
the consumer reporting agency:
(A) a copy of a valid police report,
investigative report, or complaint involving the alleged
commission of an offense under Section 32.51, Penal Code; or
(B) a copy of a notice from a user of a consumer
report, including a credit card issuer, as defined by Section
505.001, that the consumer's sensitive personal information has
been disclosed as a result of a breach of system security.
(c) In this section, "breach of system security" and
"sensitive personal information" have the meanings assigned those
terms by Sections 521.053 and 521.002, respectively.
SECTION 2. Section 20.21, Business & Commerce Code, is
amended by amending Subdivision (1) and adding Subdivisions (1-a)
and (5) to read as follows:
(1) "Breach of system security" has the meaning
assigned by Section 521.053.
(1-a) "Protected consumer" means an individual who
resides in this state and is younger than 16 years of age at the time
a request for the placement of a security freeze is made.
(5) "Sensitive personal information" has the meaning
assigned by Section 521.002.
SECTION 3. Section 20.29, Business & Commerce Code, is
amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
(b) Except as provided by Subsection (c) or (d), a consumer
reporting agency may charge a reasonable fee in an amount not to
exceed $10 for each placement or removal of a security freeze on the
protected consumer's consumer file or record.
(d) A consumer reporting agency may not charge a fee for the
placement or removal of a security freeze under this subchapter if
the protected consumer's representative submits to the consumer
reporting agency a copy of a notice from a user of a consumer
report, including a credit card issuer, as defined by Section
505.001, that the protected consumer's sensitive personal
information has been disclosed as a result of a breach of system
security.
SECTION 4. This Act takes effect September 1, 2017.