Bill Text: TX HB2001 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to fees charged by a consumer reporting agency for the placement, temporary lifting, or removal of a security freeze on the consumer file or record of certain consumers or protected consumers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-18 - No action taken in committee [HB2001 Detail]
Download: Texas-2017-HB2001-Introduced.html
85R6872 TSR-F | ||
By: Johnson of Dallas | H.B. No. 2001 |
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relating to fees charged by a consumer reporting agency for the | ||
placement, temporary lifting, or removal of a security freeze on | ||
the consumer file or record of certain consumers or protected | ||
consumers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 20.04, Business & Commerce Code, is | ||
amended by amending Subsection (b) and adding Subsection (c) to | ||
read as follows: | ||
(b) A consumer reporting agency may not charge a fee for: | ||
(1) a request by a consumer for a copy of the | ||
consumer's file: | ||
(A) made not later than the 60th day after the | ||
date on which adverse action is taken against the consumer; or | ||
(B) made on the expiration of a 45-day security | ||
alert; | ||
(2) notification of the deletion of information that | ||
is found to be inaccurate or can no longer be verified sent to a | ||
person designated by the consumer, as prescribed by Section 611 of | ||
the Fair Credit Reporting Act (15 U.S.C. Section 1681i), as | ||
amended; | ||
(3) a set of instructions for understanding the | ||
information presented on the consumer report; | ||
(4) a toll-free telephone number that consumers may | ||
call to obtain additional assistance concerning the consumer report | ||
or to request a security alert; | ||
(5) a request for a security alert made by a consumer; | ||
or | ||
(6) the placement, temporary lifting, or removal of a | ||
security freeze at the request of a consumer who has submitted to | ||
the consumer reporting agency: | ||
(A) a copy of a valid police report, | ||
investigative report, or complaint involving the alleged | ||
commission of an offense under Section 32.51, Penal Code; or | ||
(B) a copy of a notice from a user of a consumer | ||
report, including a credit card issuer, as defined by Section | ||
505.001, that the consumer's sensitive personal information has | ||
been disclosed as a result of a breach of system security. | ||
(c) In this section, "breach of system security" and | ||
"sensitive personal information" have the meanings assigned those | ||
terms by Sections 521.053 and 521.002, respectively. | ||
SECTION 2. Section 20.21, Business & Commerce Code, is | ||
amended by amending Subdivision (1) and adding Subdivisions (1-a) | ||
and (5) to read as follows: | ||
(1) "Breach of system security" has the meaning | ||
assigned by Section 521.053. | ||
(1-a) "Protected consumer" means an individual who | ||
resides in this state and is younger than 16 years of age at the time | ||
a request for the placement of a security freeze is made. | ||
(5) "Sensitive personal information" has the meaning | ||
assigned by Section 521.002. | ||
SECTION 3. Section 20.29, Business & Commerce Code, is | ||
amended by amending Subsection (b) and adding Subsection (d) to | ||
read as follows: | ||
(b) Except as provided by Subsection (c) or (d), a consumer | ||
reporting agency may charge a reasonable fee in an amount not to | ||
exceed $10 for each placement or removal of a security freeze on the | ||
protected consumer's consumer file or record. | ||
(d) A consumer reporting agency may not charge a fee for the | ||
placement or removal of a security freeze under this subchapter if | ||
the protected consumer's representative submits to the consumer | ||
reporting agency a copy of a notice from a user of a consumer | ||
report, including a credit card issuer, as defined by Section | ||
505.001, that the protected consumer's sensitive personal | ||
information has been disclosed as a result of a breach of system | ||
security. | ||
SECTION 4. This Act takes effect September 1, 2017. |