4 | 6 | | AN ACT |
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5 | 7 | | relating to limitations on the information reported by consumer |
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6 | 8 | | reporting agencies. |
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7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 10 | | SECTION 1. Section 20.05, Business & Commerce Code, is |
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9 | 11 | | amended by amending Subsection (a) and adding Subsection (d) to |
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10 | 12 | | read as follows: |
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11 | 13 | | (a) Except as provided by Subsection (b), a consumer |
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12 | 14 | | reporting agency may not furnish a consumer report containing |
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13 | 15 | | information related to: |
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14 | 16 | | (1) a case under Title 11 of the United States Code or |
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15 | 17 | | under the federal Bankruptcy Act in which the date of entry of the |
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16 | 18 | | order for relief or the date of adjudication predates the consumer |
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17 | 19 | | report by more than 10 years; |
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18 | 20 | | (2) a suit or judgment in which the date of entry |
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19 | 21 | | predates the consumer report by more than seven years or the |
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20 | 22 | | governing statute of limitations, whichever is longer; |
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21 | 23 | | (3) a tax lien in which the date of payment predates |
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22 | 24 | | the consumer report by more than seven years; |
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23 | 25 | | (4) a record of arrest, indictment, or conviction of a |
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24 | 26 | | crime in which the date of disposition, release, or parole predates |
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25 | 27 | | the consumer report by more than seven years; [or] |
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26 | 28 | | (5) a collection account with a medical industry code, |
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27 | 29 | | if the consumer was covered by a health benefit plan at the time of |
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28 | 30 | | the event giving rise to the collection and the collection is for an |
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29 | 31 | | outstanding balance, after copayments, deductibles, and |
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30 | 32 | | coinsurance, owed to an emergency care provider or a facility-based |
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31 | 33 | | provider for an out-of-network benefit claim; or |
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32 | 34 | | (6) another item or event that predates the consumer |
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33 | 35 | | report by more than seven years. |
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34 | 36 | | (d) In this section: |
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35 | 37 | | (1) "Emergency care provider" means a physician, |
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36 | 38 | | health care practitioner, facility, or other health care provider |
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37 | 39 | | who provides emergency care. |
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38 | 40 | | (2) "Facility" has the meaning assigned by Section |
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39 | 41 | | 324.001, Health and Safety Code. |
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40 | 42 | | (3) "Facility-based provider" means a physician, |
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41 | 43 | | health care practitioner, or other health care provider who |
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42 | 44 | | provides health care or medical services to patients of a facility. |
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43 | 45 | | (4) "Health care practitioner" means an individual who |
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44 | 46 | | is licensed to provide health care services. |
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45 | 47 | | SECTION 2. This Act takes effect immediately if it receives |
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46 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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47 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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48 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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49 | 51 | | Act takes effect September 1, 2019. |
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50 | | - | ______________________________ ______________________________ |
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51 | | - | President of the Senate Speaker of the House |
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52 | | - | I hereby certify that S.B. No. 1037 passed the Senate on |
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53 | | - | April 8, 2019, by the following vote: Yeas 25, Nays 5. |
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54 | | - | ______________________________ |
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55 | | - | Secretary of the Senate |
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56 | | - | I hereby certify that S.B. No. 1037 passed the House on |
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57 | | - | May 14, 2019, by the following vote: Yeas 133, Nays 8, |
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58 | | - | two present not voting. |
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59 | | - | ______________________________ |
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60 | | - | Chief Clerk of the House |
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61 | | - | Approved: |
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62 | | - | ______________________________ |
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63 | | - | Date |
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64 | | - | ______________________________ |
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65 | | - | Governor |
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