By:  Ellis, Ogden, Van de Putte                                   S.B. No. 100


A BILL TO BE ENTITLED

AN ACT

relating to a request for placement of a security freeze on a 
consumer file maintained by a consumer reporting agency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Section 20.034, 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 2.  Subsection (b), Section 20.04, Business &
Commerce Code, is amended to read as follows:
	(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)  a request for a security freeze made by 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 3.  The change in law made by this Act applies only 
to a request for placement of a security freeze on a consumer file 
that is made on or after the effective date of this Act.  A request 
for placement 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.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.