89R10644 MZM-F
By: King S.B. No. 2492
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain discrimination in the provision of
financial services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 121 to read as follows:
CHAPTER 121. PROHIBITED DISCRIMINATION IN PROVISION OF FINANCIAL
SERVICES
Sec. 121.001. DEFINITIONS. In this chapter:
(1) "Financial institution" has the meaning assigned
by Section 201.101, Finance Code.
(2) "Financial service" means a financial product or
service offered by a financial service provider.
(3) "Financial service provider" means a financial
institution or payment service provider.
(4) "Payment service provider" includes:
(A) a payment processor, credit card issuer,
credit card network, payment card network, or payment gateway
provider; and
(B) an affiliate or subsidiary company of a
person described by Paragraph (A).
(5) "Social credit score" means an analysis, rating,
scoring, list, or tabulation that evaluates a customer's:
(A) religious beliefs, speech, affiliations, or
other activities; or
(B) political opinions, speech, associations, or
other activities, including the customer's refusal to disclose
those activities.
Sec. 121.002. APPLICABILITY. This chapter applies only to
a financial service provider that:
(1) provides financial services to customers in this
state; and
(2) engaged in transactions totaling at least $100
billion in the preceding calendar year.
Sec. 121.003. CERTAIN DISCRIMINATION IN PROVISION OF
FINANCIAL SERVICES PROHIBITED. A financial service provider may
not:
(1) use a social credit score to directly or
indirectly decline to provide financial services, including
refusing to provide, terminate, or restrict financial services, to
a customer; or
(2) agree, conspire, or coordinate, directly or
indirectly, including through an intermediary or third party, with
another person or group of persons, to engage in conduct prohibited
by Subdivision (1).
Sec. 121.004. STATEMENT OF EXPLANATION. (a) A customer who
suspects the customer was declined a financial service in violation
of Section 121.003 may, not later than the 90th day after the date
the customer is informed of the financial service provider's
decision to decline to provide the service, request a statement of
explanation of the denial from the provider.
(b) A customer may request the statement of explanation:
(1) verbally from a customer service representative or
other agent of the financial service provider; or
(2) in writing, by submitting a written request by
mail or electronic mail to an address maintained and made publicly
available by the provider for that purpose.
(c) Not later than the 14th day after the date a financial
service provider receives a customer's request under this section,
the financial service provider shall provide the customer with a
written statement of explanation delivered by mail or, if known by
the provider, electronic mail. The statement of explanation must
include:
(1) a detailed explanation of the basis for the denial
of service, including a description of any activity engaged in by
the customer that, wholly or partly, formed the basis for the
provider's decision to deny service;
(2) if applicable, a copy of the terms of service
agreed to by the customer and the provider; and
(3) if applicable, a citation to the specific
provisions of the terms of service on which the provider relied in
its denial of service.
Sec. 121.005. DECEPTIVE TRADE PRACTICE. A violation of
Section 121.003 is a false, misleading, or deceptive act or
practice under Subchapter E, Chapter 17, and is actionable under
that subchapter.
Sec. 121.006. INTERPRETATION OF CHAPTER. This chapter
shall be broadly construed in favor of protecting rights guaranteed
by:
(1) the First Amendment to the United States
Constitution and related federal law; and
(2) Section 8, Article I, Texas Constitution, and
related state law.
SECTION 2. This Act takes effect September 1, 2025.