Texas 2019 - 86th Regular

Texas Senate Bill SB1037 Compare Versions

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1-S.B. No. 1037
1+By: Taylor, et al. S.B. No. 1037
2+ (Lucio III)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to limitations on the information reported by consumer
68 reporting agencies.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Section 20.05, Business & Commerce Code, is
911 amended by amending Subsection (a) and adding Subsection (d) to
1012 read as follows:
1113 (a) Except as provided by Subsection (b), a consumer
1214 reporting agency may not furnish a consumer report containing
1315 information related to:
1416 (1) a case under Title 11 of the United States Code or
1517 under the federal Bankruptcy Act in which the date of entry of the
1618 order for relief or the date of adjudication predates the consumer
1719 report by more than 10 years;
1820 (2) a suit or judgment in which the date of entry
1921 predates the consumer report by more than seven years or the
2022 governing statute of limitations, whichever is longer;
2123 (3) a tax lien in which the date of payment predates
2224 the consumer report by more than seven years;
2325 (4) a record of arrest, indictment, or conviction of a
2426 crime in which the date of disposition, release, or parole predates
2527 the consumer report by more than seven years; [or]
2628 (5) a collection account with a medical industry code,
2729 if the consumer was covered by a health benefit plan at the time of
2830 the event giving rise to the collection and the collection is for an
2931 outstanding balance, after copayments, deductibles, and
3032 coinsurance, owed to an emergency care provider or a facility-based
3133 provider for an out-of-network benefit claim; or
3234 (6) another item or event that predates the consumer
3335 report by more than seven years.
3436 (d) In this section:
3537 (1) "Emergency care provider" means a physician,
3638 health care practitioner, facility, or other health care provider
3739 who provides emergency care.
3840 (2) "Facility" has the meaning assigned by Section
3941 324.001, Health and Safety Code.
4042 (3) "Facility-based provider" means a physician,
4143 health care practitioner, or other health care provider who
4244 provides health care or medical services to patients of a facility.
4345 (4) "Health care practitioner" means an individual who
4446 is licensed to provide health care services.
4547 SECTION 2. This Act takes effect immediately if it receives
4648 a vote of two-thirds of all the members elected to each house, as
4749 provided by Section 39, Article III, Texas Constitution. If this
4850 Act does not receive the vote necessary for immediate effect, this
4951 Act takes effect September 1, 2019.
50- ______________________________ ______________________________
51- President of the Senate Speaker of the House
52- I hereby certify that S.B. No. 1037 passed the Senate on
53- April 8, 2019, by the following vote: Yeas 25, Nays 5.
54- ______________________________
55- Secretary of the Senate
56- I hereby certify that S.B. No. 1037 passed the House on
57- May 14, 2019, by the following vote: Yeas 133, Nays 8,
58- two present not voting.
59- ______________________________
60- Chief Clerk of the House
61- Approved:
62- ______________________________
63- Date
64- ______________________________
65- Governor