Texas 2019 - 86th Regular

Texas Senate Bill SB1423 Compare Versions

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

Old	New	Differences
1	1	86R10678 GRM-D
2	2	By: Fallon S.B. No. 1423
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the fee for placing, temporarily lifting, or removing a
8	8	security freeze on a consumer file.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 20.01, Business & Commerce Code, is
11	11	amended by adding Subdivision (1-a) to read as follows:
12	12	(1-a) "Breach of system security" has the meaning
13	13	assigned by Section 521.053.
14	14	SECTION 2. Section 20.04, Business & Commerce Code, is
15	15	amended by amending Subsection (b) and adding Subsection (c) to
16	16	read as follows:
17	17	(b) A consumer reporting agency may not charge a fee for:
18	18	(1) a request by a consumer for a copy of the
19	19	consumer's file:
20	20	(A) made not later than the 60th day after the
21	21	date on which adverse action is taken against the consumer; or
22	22	(B) made on the expiration of a 45-day security
23	23	alert;
24	24	(2) notification of the deletion of information that
25	25	is found to be inaccurate or can no longer be verified sent to a
26	26	person designated by the consumer, as prescribed by Section 611 of
27	27	the Fair Credit Reporting Act (15 U.S.C. Section 1681i), as
28	28	amended;
29	29	(3) a set of instructions for understanding the
30	30	information presented on the consumer report;
31	31	(4) a toll-free telephone number that consumers may
32	32	call to obtain additional assistance concerning the consumer report
33	33	or to request a security alert;
34	34	(5) a request for a security alert made by a consumer;
35	35	or
36	36	(6) the placement, temporary lifting, or removal of a
37	37	security freeze at the request of a consumer:
38	38	(A) who has submitted to the consumer reporting
39	39	agency a copy of a valid police report, investigative report, or
40	40	complaint involving the alleged commission of an offense under
41	41	Section 32.51, Penal Code; or
42	42	(B) if the consumer's consumer file was affected
43	43	by a consumer reporting agency's breach of system security.
44	44	(c) In the event of a conflict between federal law and this
45	45	section in the amount a consumer reporting agency may charge,
46	46	federal law controls.
47	47	SECTION 3. Section 20.29, Business & Commerce Code, is
48	48	amended by amending Subsection (c) and adding Subsection (d) to
49	49	read as follows:
50	50	(c) A consumer reporting agency may not charge a fee for the
51	51	placement or removal of a security freeze under this subchapter if:
52	52	(1) the protected consumer's representative submits to
53	53	the consumer reporting agency a copy of a valid police report,
54	54	investigative report, or complaint involving the commission of an
55	55	offense under Section 32.51, Penal Code; [or]
56	56	(2) at the time the protected consumer's
57	57	representative makes the request for a security freeze:
58	58	(A) the protected consumer is under the age of
59	59	16; and
60	60	(B) the consumer reporting agency has created a
61	61	consumer report pertaining to the protected consumer; or
62	62	(3) at the time the protected consumer's
63	63	representative makes the request for a security freeze, the
64	64	protected consumer's consumer file was affected by a consumer
65	65	reporting agency's breach of system security.
66	66	(d) In the event of a conflict between federal law and this
67	67	section in the amount a consumer reporting agency may charge,
68	68	federal law controls.
69	69	SECTION 4. This Act takes effect immediately if it receives
70	70	a vote of two-thirds of all the members elected to each house, as
71	71	provided by Section 39, Article III, Texas Constitution. If this
72	72	Act does not receive the vote necessary for immediate effect, this
73	73	Act takes effect September 1, 2019.