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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of information regarding debt incurred |
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for necessary medical treatment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 20, Business & Commerce |
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Code, is amended to read as follows: |
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CHAPTER 20. REGULATION OF CONSUMER CREDIT REPORTING [AGENCIES] |
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SECTION 2. Chapter 20, Business & Commerce Code, is amended |
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by adding Section 20.055 to read as follows: |
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Sec. 20.055. REPORTING OF INFORMATION RELATED TO DEBT |
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RESULTING FROM NECESSARY MEDICAL TREATMENT. (a) In this section, |
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"necessary medical treatment" means medical treatment for a |
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life-threatening condition, without which the likelihood of death |
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is probable. |
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(b) A person who provides medical treatment or a debt |
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collection agency may not furnish information to a consumer |
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reporting agency regarding an amount owed by a consumer for the |
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receipt of necessary medical treatment by the consumer or a person |
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to whom the consumer has a legal obligation to provide support. |
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(c) A person who provides medical treatment who violates |
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this section or a debt collection agency that violates this section |
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is liable to the consumer against whom the violation occurs for: |
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(1) the greater of: |
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(A) three times the amount of actual damages to |
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the consumer; or |
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(B) $1,000; |
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(2) reasonable attorney's fees; and |
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(3) court costs. |
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SECTION 3. The change in law made by Section 20.055, |
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Business & Commerce Code, as added by this Act, applies only to |
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information furnished to a consumer reporting agency on or after |
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the effective date of this Act. The furnishing of information to a |
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consumer reporting agency before the effective date of this Act is |
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governed by the law in effect when the information was furnished, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |