GEC S.B. 27 75(R)    BILL ANALYSIS


BUSINESS & INDUSTRY
S.B. 27
By: Harris (Van de Putte)
5-20-97
Committee Report (Unamended)


BACKGROUND 

Currently, the use of consumer reporting agencies is expanding quickly as
consumer credit transactions become the rule rather than the exception in
consumer purchasing. Consumer credit reports by consumer reporting
agencies include certain credit information used to establish a consumer's
eligibility for credit, insurance, or employment. There are concerns that
there is a need to ensure that consumer reporting agencies exercise their
responsibilities with impartiality, fairness, and consideration. This bill
set forth regulations for consumer reporting agencies and  
provides civil penalties.

PURPOSE

As proposed, S.B. 27 sets forth regulations for consumer reporting
agencies and provides civil penalties. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2 of the Business and Commerce Code by adding
Chapter 20. 

CHAPTER 20.  REGULATION OF CONSUMER CREDIT REPORTING AGENCIES.

Sec. 20.01. DEFINITIONS.  Defines "adverse action," "consumer," "consumer
file," "consumer report," "consumer reporting agency," "investigative
consumer report." 

Sec. 20.02. PERMISSIBLE PURPOSES; PROHIBITION; USE OF CONSUMER'S SOCIAL
SECURITY NUMBER. (a)  An agency can furnish a report only for court
orders, upon written request of the reported, or to persons doing credit
reviews for transactions extending credit, for employment purposes
specified by state law, for licensure by a governmental entity,  for
legitimate business needs, and for any purpose authorized by federal
statute. 

(b) The agency may not prohibit the user of either a consumer report or an
investigative consumer report from disclosing the contents of either
report to the reported at their request if adverse action has been taken
or is contemplated by the user of the report.  The disclosure or copying
of a report does not make the user a reporting agency and the user is not
liable for the information in the report. 

(c)  If a consumer provides a social security number (SSN) to a person to
obtain a report the person shall include in all future requests for that
report shall include the SSN unless the person believes that the SSN is
not correct. 

Sec. 20.03.  DISCLOSURES TO CONSUMERS.  (a)  On request and with proper
identification a consumer reporting agency shall provide to the consumer
in writing all information pertaining to the consumer in the consumer's
files at the time of the request including name of each request for credit
information through the last 6 months, instructions on the use of the
form, and a toll-free number for the agencies dispute resolution
mechanism. 
 
(b)  The information must be clear and accurate and understandable to the
consumer. 

(c)   The agency shall provide the consumer with a copy of their own
report at their request with identification as directed by the US Fair
Credit Reporting Act. 

Sec. 20.04.  CHARGES FOR CERTAIN DISCLOSURES.  (a)  The agency may charge
the consumer up to $8.00 for the information except as defined in (b) in
the report and  that charge may increase annually based on the Consumer
Price Index for All Urban Consumers as determined by the US Department of
Labor rounded to the nearest $.50. 

(b)  The agency may not charge a fee for a copy of the report requested
within 60 days after an adverse action taken based on the report, for
notification of deletion of inaccurate information from the record,
instructions for interpreting the report, or for a toll free phone number
for additional assistance with the report. 

Sec. 20.05.  REPORTING OF INFORMATION PROHIBITED. (a)  Except as defined
in (b) the agency may not report information on a case under Title 11 of
the US Bankruptcy Act after 10 years, a suit or judgement after 7 years or
the statute of limitations whichever is longer,  a tax lien after 7 years,
an arrest or indictment or conviction of a crime after 7 years following
the disposition of the case or parole, or another item that predates the
request by 7 years. 

(b)  The information described in (a) can be provided in connection with
credit transactions over $150,000 or more, underwriting life insurance of
over $150,000, or for employment with a salary expected to be more than
$75,000. 

(c)  Medical information can not be released in a consumer report unless
the consumer consents. 

Sec. 20.06.  DISPUTE PROCEDURE.  (a) If there is inaccurate or incomplete
information in a consumers report and the agency is notified of that error
the agency has 30 days to fix the error. Notification can be by phone to a
representative of the agency. 

(b)  The agency shall notify within five days those parties that provided
information relating to the dispute. 

(c)  The agency may terminate a dispute investigation if the dispute is
frivolous or irrelevant and the agency shall notify the consumer of the
termination and the reasons for the termination by mail or phone as
authorized by the consumer.  The presence of contradictory information in
a file does not constitute grounds for this section. 

(d)  If the disputed information is found to be inaccurate or is not
verified then the agency shall revise the consumers file, and provide the
revised information to the consumer at their request and to each requestor
of the information that the consumer requests that it be sent.  That
information can not be reported thereafter. 

(e)  Deleted information can not be reinserted into the consumers file
unless the provider of the information reinvestigates the information and
states in writing or electronically that the information is correct and
accurate. 

(f)  The agency shall notify the consumer of the determination made by the
investigation within five days of the completion of the investigation and
provide certain information on the statement of notification. 

(g)  This does not direct any person who obtains a report for resale to
another person to correct information in a report that they did not
prepare. 

Sec. 20.07.  CORRECTION OF INACCURATE INFORMATION.  (a) The credit
reporting agency can allow that a person correcting information that they
have submitted for a consumers report that has been corrects can provide
that information by fax, electronically, or in writing. 

 (b)  The agency that received corrected information shall have reasonable
procedures for correcting previously reported but inaccurate information. 

Sec. 20.08.  CONSUMER'S RIGHT TO FILE ACTION IN COURT OR ARBITRATE
DISPUTES. (a)  An action to enforce an obligation of an agency can be
brought in any court authorized by the US Fair Credit Reporting Act or if
both parties agree to binding arbitration. 

(b)  The decision of the arbitrator does not negate any debt or obligation
owed by the consumer. 

(c)  The prevailing party in the arbitration shall be paid for their
attorney fees and other costs of the proceedings as determined by the
court or arbitration. 

(d)  A consumer is limited to one action of arbitration per consumer
reporting agency for any 120 days. 

(e)  The results of the arbitration shall be reported to the other
reporting agencies in a timely manner to doing business in this state. 

(f)  If a determination is made in the consumers favor and the information
is not removed in a timely manner then the consumer can bring action
against the agency regardless of the 120 time line. 

Sec. 20.09. CIVIL LIABILITY. (a) The agency is liable for three times the
damage cause by the information determined to be wilfully inaccurate or
for $1,000 plus fees and costs which ever is greater. 

(b)  An agency that negligently violates this chapter is liable for actual
damages or $500 plus fees and costs.  The agency is not negligent if the
agency completes the investigation within 30 days of the dispute and
clearly informs the consumer of the investigation results. 

(c)  The agency should correct any inaccurate information in the consumers
file within 10 days of the judgement or they are liable for $1,000 until
the information is corrected. 

Sec. 20.10.  REMEDIES CUMULATIVE.  Actions taken under this Chapter do not
limit any other actions available by law to the consumer except that once
arbitration is undertaken a court action can not be brought for the same
case. 

SECTION 2.  EFFECTIVE DATE.  October 1, 1997.

SECTION 3.  EMERGENCY CLAUSE.