Amend HB 1855 (Senate committee printing) as follows:
(1) Immediately following SECTION 1 of the bill (page 1,
between lines 41 and 42), insert the following:
SECTION 2. Section 20.034(a), Business & Commerce Code, is
amended to read as follows:
(a) On written request sent by certified mail that includes
proper identification provided by a consumer [and a copy of a valid
police report, investigative report, or complaint made under
Section 32.51, Penal Code], a consumer reporting agency shall place
a security freeze on a consumer's consumer file not later than the
fifth business day after the date the agency receives the request.
SECTION 3. Section 20.0385, Business & Commerce Code, is
amended to read as follows:
Sec. 20.0385. APPLICABILITY OF SECURITY ALERT AND SECURITY
FREEZE. (a) The requirement under this chapter to place a
security alert or security freeze on a consumer file does not apply
to:
(1) a check service or fraud prevention service
company that issues consumer reports:
(A) to prevent or investigate fraud; or
(B) for purposes of approving or processing
negotiable instruments, electronic funds transfers, or similar
methods of payment; or
(2) a deposit account information service company that
issues consumer reports related to account closures caused by
fraud, substantial overdrafts, automated teller machine abuses, or
similar negative information regarding a consumer to an inquiring
financial institution for use by the financial institution only in
reviewing a consumer request for a deposit account with that
institution.
(b) The requirement under this chapter to place a security
freeze on a consumer file does not apply to a consumer reporting
agency that:
(1) acts only to resell credit information by
assembling and merging information contained in a database of
another consumer reporting agency or multiple consumer reporting
agencies; and
(2) does not maintain a permanent database of credit
information from which new consumer reports are produced.
SECTION 4. Section 20.04, Business & Commerce Code, is
amended to read as follows:
Sec. 20.04. CHARGES FOR CERTAIN DISCLOSURES OR SERVICES.
(a) Except as provided by Subsection (b), a consumer reporting
agency may impose a reasonable charge on a consumer for the
disclosure of information pertaining to the consumer or for placing
a security freeze on a consumer file, temporarily lifting a
security freeze for a designated period or for an identified
requester, or removing a security freeze in accordance with this
chapter. The amount of the charge for the disclosure of information
pertaining to the consumer may not exceed $8. The amount of the
charge for placing a security freeze on a consumer file,
temporarily lifting a security freeze for a designated period, or
removing a security freeze may not exceed $10 per request. The
amount of the charge for temporarily lifting a security freeze for
an identified requester may not exceed $12 per request. On January
1 of each year, a consumer reporting agency may increase the charge
for disclosure to a consumer or for placing, temporarily lifting,
or removing a security freeze. The increase, if any, must be based
proportionally on changes to the Consumer Price Index for All Urban
Consumers as determined by the United States Department of Labor
with fractional changes rounded to the nearest 50 cents.
(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; [or]
(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 copy of a valid police report,
investigative report, or complaint involving the alleged
commission of an offense under Section 32.51, Penal Code.
SECTION 5. Section 20.037(e), Business & Commerce Code, is
repealed.
SECTION 6. The changes in law made by Sections 2, 3, 4, and 5
of this Act apply only to a request for placement, removal, or
temporary lifting of a security freeze on a consumer file that is
made on or after the effective date of this Act. A request for
placement, removal, or temporary lifting of a security freeze on a
consumer file that is made before the effective date of this Act is
governed by the law in effect on the date the request was made, and
the former law is continued in effect for that purpose.
(2) Renumber existing SECTION 2 of the bill (page 1, line
42) as SECTION 7.