SRC-MAX S.B. 27 75(R)BILL ANALYSIS


Senate Research CenterS.B. 27
By: Harris
State Affairs
4-24-97
Committee Report (Amended)


DIGEST 

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

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2, Business & Commerce Code, by adding Chapter 20,
as follows: 

CHAPTER 20.  REGULATION OF CONSUMER CREDIT REPORTING AGENCIES

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

Sec.  20.02.  PERMISSIBLE PURPOSES; PROHIBITION; USE OF CONSUMER'S SOCIAL
SECURITY NUMBER.  Authorizes a consumer reporting agency (agency) to
furnish a consumer report (report) only in certain circumstances.
Prohibits an agency from prohibiting a user of a consumer report or
investigative consumer report from disclosing certain matters under
certain conditions.  Prohibits a user of a consumer credit report or an
agency from being found liable or otherwise held responsible for a
disclosed or copied report when acting under this subsection.  Provides
that the disclosure or copy of report does not make a user of the report
an agency.  Sets forth the conditions under which a social security number
is to be used by a consumer reporting agency when furnished by the
consumer for use in obtaining a consumer report.  

Sec.  20.03.  DISCLOSURES TO CONSUMERS.  Sets forth the procedure for an
agency when disclosing certain information to a consumer.  Requires the
information to be disclosed in a clear, accurate manner that is
understandable to the consumer.  Requires a consumer reporting agency to
provide a copy of the consumer report to the consumer on the request of
the consumer and on evidence of proper identification, as described in a
certain manner.   

Sec.  20.04.  CHARGES FOR CERTAIN DISCLOSURES.  Authorizes an agency to
impose a reasonable charge on a consumer for the disclosure of information
pertaining to the consumer, except as provided by Subsection (b).
Prohibits the amount of the charge from exceeding $8.  Prohibits an agency
from charging a fee for certain actions.   
 

Sec.  20.05.  REPORTING OF INFORMATION PROHIBITED.  Prohibits an agency
from furnishing a consumer report containing information relating to
certain  matters.  Authorizes an agency to furnish a consumer report that
contains information described by Subsection (a) if the information is
provided in connection with certain matters.  Prohibits an agency from
furnishing medical information about a consumer in a consumer report that
is being obtained for certain purposes unless the consumer consents to the
furnishing of the medical information.  

Sec.  20.06.  DISPUTE PROCEDURE.  Requires the agency to reinvestigate
disputed information free of charge and record the current status of the
disputed information by a certain date under certain conditions.  Requires
the agency to provide the consumer with the option of notifying the agency
of a dispute concerning the consumer's file by speaking directly to a
representative of the agency.  Requires the agency to provide notice of
the dispute to each person who provided any information related to the
dispute and each person requesting information about the consumer under
certain conditions.  Authorizes an agency to terminate a reinvestigation
of information disputed by a consumer under certain conditions.  Sets
forth the procedure for a terminated reinvestigation.  Sets forth the
procedure to be enforced if disputed information is found to be inaccurate
or cannot be verified.  Prohibits information deleted under Subsection (d)
from being reinserted in the consumer's file under certain conditions.
Requires an agency to provide written notice of the results of a
reinvestigation made under this section not later than a certain date.
Requires the notice to contain certain information.  Provides that this
section does not require a person who obtains a consumer report for resale
to another person to alter or correct an inaccuracy in the consumer report
if the report was not assembled or prepared by the person.   

Sec.  20.07.  CORRECTION  OF INACCURATE INFORMATION.  Set forth the
procedure for correcting inaccurate information contained within consumer
credit information provided to an agency.   

Sec.  20.08.  CONSUMER'S RIGHT TO FILE ACTION IN COURT OR ARBITRATE
DISPUTES.  Sets forth the procedure for an action to enforce an obligation
of an agency to a consumer.    Provides that a decision rendered by an
arbitrator does not affect the validity of an obligation or debt owed by
the consumer to any party.  Requires a prevailing party in an action or
arbitration to be compensated for certain fees and costs as determined by
the court or arbitration.  Prohibits a consumer from submitting to
arbitration more than one action against a particular agency during any
120-day period.  Requires the results of an arbitration in this state to
be communicated in a timely manner to other agencies doing business in
this state.  Sets forth provisions to be followed if a determination is
made in favor of a consumer after submission of a dispute to arbitration.

Sec.  20.09.  CIVIL LIABILITY.  Set forth the procedure for an agency that
is found liable after violating this chapter or the Fair Credit Reporting
Act (15 U.S.C. Section 1681 et seq.). Provides that an agency that does
not correct a consumer's file and consumer report before a certain date is
also liable for $1,000 a day until the inaccuracy is corrected.   

Sec.  20.10.  REMEDIES CUMULATIVE.  Provides that an action taken under
this chapter does not prohibit a consumer from taking any other action
authorized by law, with an exception.   

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.     





 SUMMARY OF COMMITTEE CHANGES

Amendment 1.

(1)  Page 2, line 22, insert new Subdivisions (D) and (E).

(2)  Page 3, line 27, strike "only if the consumer consents in writing to
the furnishing of the report" and replace with "as authorized under the
Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), as amended,
and regulations adopted under that Act." 

(3)  Page 4, lines 3-4, makes a conforming change.

(4)  Page 4, line 18, strike "and explaining." 

(5)  Page 5, lines 22-27, strike Subsection (c) and replace with new
Subsection (c), as follows: 

(c)  A consumer reporting agency shall provide a copy of the consumer
report to the consumer on the request of the consumer and on evidence of
proper identification, as directed by the Fair Credit Reporting Act (15
U.S.C. Section 1681 et seq.), as amended, and regulations adopted under
that Act. 

(6)  Page 6, lines 5-7, strike "the retail price of a written report
rendered in the normal course of business to other customers of the agency
for each request for information" and replace with "$8." 

(7)  Page 7, line 27, and page 8, lines 1-6, strike proposed Subsection
(d). 

(8)  Page 9, line 11, between "and" and "each" insert ", on the request of
the consumer, to."