2 | 9 | | |
---|
3 | 10 | | |
---|
4 | 11 | | A BILL TO BE ENTITLED |
---|
5 | 12 | | AN ACT |
---|
6 | 13 | | relating to limitations on the information reported by consumer |
---|
7 | 14 | | reporting agencies. |
---|
8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
9 | 16 | | SECTION 1. Section 20.05, Business & Commerce Code, is |
---|
10 | 17 | | amended by amending Subsection (a) and adding Subsection (d) to |
---|
11 | 18 | | read as follows: |
---|
12 | 19 | | (a) Except as provided by Subsection (b), a consumer |
---|
13 | 20 | | reporting agency may not furnish a consumer report containing |
---|
14 | 21 | | information related to: |
---|
15 | 22 | | (1) a case under Title 11 of the United States Code or |
---|
16 | 23 | | under the federal Bankruptcy Act in which the date of entry of the |
---|
17 | 24 | | order for relief or the date of adjudication predates the consumer |
---|
18 | 25 | | report by more than 10 years; |
---|
19 | 26 | | (2) a suit or judgment in which the date of entry |
---|
20 | 27 | | predates the consumer report by more than seven years or the |
---|
21 | 28 | | governing statute of limitations, whichever is longer; |
---|
22 | 29 | | (3) a tax lien in which the date of payment predates |
---|
23 | 30 | | the consumer report by more than seven years; |
---|
24 | 31 | | (4) a record of arrest, indictment, or conviction of a |
---|
25 | 32 | | crime in which the date of disposition, release, or parole predates |
---|
26 | 33 | | the consumer report by more than seven years; [or] |
---|
27 | 34 | | (5) a collection account with a medical industry code, |
---|
28 | 35 | | if the consumer was covered by a health benefit plan at the time of |
---|
29 | 36 | | the event giving rise to the collection and the collection is for an |
---|
30 | 37 | | outstanding balance, after copayments, deductibles, and |
---|
31 | 38 | | coinsurance, owed to an emergency care provider or a facility-based |
---|
32 | 39 | | provider for an out-of-network benefit claim; or |
---|
33 | 40 | | (6) another item or event that predates the consumer |
---|
34 | 41 | | report by more than seven years. |
---|
35 | 42 | | (d) In this section: |
---|
36 | 43 | | (1) "Emergency care provider" means a physician, |
---|
37 | 44 | | health care practitioner, facility, or other health care provider |
---|
38 | 45 | | who provides emergency care. |
---|
39 | 46 | | (2) "Facility" has the meaning assigned by Section |
---|
40 | 47 | | 324.001, Health and Safety Code. |
---|
41 | 48 | | (3) "Facility-based provider" means a physician, |
---|
42 | 49 | | health care practitioner, or other health care provider who |
---|
43 | 50 | | provides health care or medical services to patients of a facility. |
---|
44 | 51 | | (4) "Health care practitioner" means an individual who |
---|
45 | 52 | | is licensed to provide health care services. |
---|
46 | 53 | | SECTION 2. This Act takes effect immediately if it receives |
---|
47 | 54 | | a vote of two-thirds of all the members elected to each house, as |
---|
48 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
49 | 56 | | Act does not receive the vote necessary for immediate effect, this |
---|
50 | 57 | | Act takes effect September 1, 2017. |
---|