Relating to prohibiting the use of environmental, social, or governance scores; providing a civil penalty.
If enacted, HB4723 would amend the Business & Commerce Code by introducing Chapter 75, which defines ESG scores and sets forth the penalties for those who violate the new regulation. It allows for civil actions against violators, with penalties reaching up to $1,000 for each individual affected, plus the possibility of additional legal fees and court costs for the state. This bill could significantly affect how businesses assess risk and make decisions regarding creditworthiness, possibly leading them to rely on more traditional metrics instead of ESG considerations.
House Bill 4723 aims to prohibit the use of environmental, social, or governance (ESG) scores in Texas. The bill explicitly states that no individual or family residing in the state can be assigned an ESG score by any person conducting business in Texas. This prohibition is part of a broader movement among some legislators to regulate financial practices related to sustainability and social responsibility, which they perceive as potentially discriminatory or convoluted for consumers.
The discussion around HB4723 may center on the tension between fostering responsible business practices and ensuring fairness in credit assessments. Proponents of the bill argue that ESG scores could disadvantage certain individuals or families based on factors unrelated to their financial behavior. On the other hand, critics might express concerns that banning ESG scores could hinder efforts to promote ethical business practices and progress on issues like climate change and social justice. This bill reflects a broader national debate on the role of ESG factors in business decision-making and consumer finance.