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Amend SB 222 by adding the following appropriately numbered
SECTION to the bill and renumbering subsequent SECTIONS of the bill
accordingly:
SECTION ____. Section 20.037, Business & Commerce Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(b-1) to read as follows:
(a) On a request in writing or by telephone and with proper
identification provided by a consumer, including the consumer's
personal identification number or password provided under Section
20.034, a consumer reporting agency shall remove a security freeze
not later than the third business day after the date the agency
receives the request, if the request is in writing, or not later
than 15 minutes after the agency receives the request, if the
request is by telephone.
(b) On a request in writing or by telephone and with proper
identification provided by a consumer, including the consumer's
personal identification number or password provided under Section
20.034, a consumer reporting agency, not later than the third
business day after the date the agency receives the request, if the
request is in writing, or not later than 15 minutes after the agency
receives the request, if the request is by telephone, shall
temporarily lift the security freeze for:
(1) a certain properly designated period; or
(2) a certain properly identified requester.
(b-1) A consumer reporting agency responding to a telephone
request under Subsection (a) or (b) need not remove a security
freeze within 15 minutes if the consumer reporting agency's
ability to remove the security freeze within that time is prevented
by:
(1) an act of God, including fire, earthquake,
hurricane, storm, or similar natural disaster or phenomenon;
(2) unauthorized or illegal act by a third party,
including terrorism, sabotage, riot, vandalism, labor strike or
dispute disrupting operations, or similar occurrence;
(3) operational interruption, including electrical
failure, unanticipated delay in equipment or replacement part
delivery, computer hardware or software failure inhibiting
response time, or similar disruption;
(4) governmental action, including emergency order,
judicial or law enforcement action, or similar directives;
(5) regularly scheduled maintenance, during other
than normal business hours, of, or updates to, the consumer
reporting agency's systems;
(6) commercially reasonable maintenance of, or repair
to, the consumer reporting agency's systems that is unexpected or
unscheduled; or
(7) receipt of a removal request outside of normal
business hours.