79R17663 CLG-F


By:  Ellis, et al.                                                S.B. No. 100

Substitute the following for S.B. No. 100:                                    

By:  Elkins                                                   C.S.S.B. No. 100



A BILL TO BE ENTITLED

AN ACT

relating to 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.  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 2.  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 3.  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 4.  Section 20.037(e), Business & Commerce Code, is 
repealed.    
	SECTION 5.  The change in law made by this Act applies 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.
	SECTION 6.  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.