| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to limitations on the information reported by consumer |
|
|
reporting agencies. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 20.05, Business & Commerce Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (d) to |
|
|
read as follows: |
|
|
(a) Except as provided by Subsection (b), a consumer |
|
|
reporting agency may not furnish a consumer report containing |
|
|
information related to: |
|
|
(1) a case under Title 11 of the United States Code or |
|
|
under the federal Bankruptcy Act in which the date of entry of the |
|
|
order for relief or the date of adjudication predates the consumer |
|
|
report by more than 10 years; |
|
|
(2) a suit or judgment in which the date of entry |
|
|
predates the consumer report by more than seven years or the |
|
|
governing statute of limitations, whichever is longer; |
|
|
(3) a tax lien in which the date of payment predates |
|
|
the consumer report by more than seven years; |
|
|
(4) a record of arrest, indictment, or conviction of a |
|
|
crime in which the date of disposition, release, or parole predates |
|
|
the consumer report by more than seven years; [or] |
|
|
(5) a collection account with a medical industry code, |
|
|
if the consumer was covered by a health benefit plan at the time of |
|
|
the event giving rise to the collection and the collection is for an |
|
|
outstanding balance, after copayments, deductibles, and |
|
|
coinsurance, owed to an emergency care provider or a facility-based |
|
|
provider for an out-of-network benefit claim; or |
|
|
(6) another item or event that predates the consumer |
|
|
report by more than seven years. |
|
|
(d) In this section: |
|
|
(1) "Emergency care provider" means a physician, |
|
|
health care practitioner, facility, or other health care provider |
|
|
who provides emergency care. |
|
|
(2) "Facility" has the meaning assigned by Section |
|
|
324.001, Health and Safety Code. |
|
|
(3) "Facility-based provider" means a physician, |
|
|
health care practitioner, or other health care provider who |
|
|
provides health care or medical services to patients of a facility. |
|
|
(4) "Health care practitioner" means an individual who |
|
|
is licensed to provide health care services. |
|
|
SECTION 2. 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, 2019. |
|
|
|
|
|
* * * * * |