79R3245 ATP-D

By:  Bohac                                                        H.B. No. 1441



A BILL TO BE ENTITLED

AN ACT

relating to the reporting of information regarding debt incurred 
for necessary medical treatment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Chapter 20, Business & Commerce 
Code, is amended to read as follows:
	CHAPTER 20. REGULATION OF CONSUMER CREDIT REPORTING [AGENCIES]
	SECTION 2.  Chapter 20, Business & Commerce Code, is amended 
by adding Section 20.055 to read as follows:
	Sec. 20.055.  REPORTING OF INFORMATION RELATED TO DEBT 
RESULTING FROM NECESSARY MEDICAL TREATMENT.  (a)  In this section, 
"necessary medical treatment" means medical treatment for a 
life-threatening condition, without which the likelihood of death 
is probable.
	(b)  A person who provides medical treatment or a debt 
collection agency may not furnish information to a consumer 
reporting agency regarding an amount owed by a consumer for the 
receipt of necessary medical treatment by the consumer or a person 
to whom the consumer has a legal obligation to provide support.
	(c)  A person who provides medical treatment who violates 
this section or a debt collection agency that violates this section 
is liable to the consumer against whom the violation occurs for:
		(1)  the greater of:                                                   
			(A)  three times the amount of actual damages to 
the consumer; or   
			(B)  $1,000;                                                          
		(2)  reasonable attorney fees; and                                     
		(3)  court costs.                                                      
	SECTION 3.  The change in law made by Section 20.055, 
Business & Commerce Code, as added by this Act, applies only to 
information furnished to a consumer reporting agency on or after 
the effective date of this Act.  The furnishing of information to a 
consumer reporting agency before the effective date of this Act is 
governed by the law in effect when the information was furnished, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.