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