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A BILL TO BE ENTITLED
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AN ACT
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relating to the fee for placing, temporarily lifting, or removing a |
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security freeze on a consumer file. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 20.01, Business & Commerce Code, is |
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amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "Breach of system security" has the meaning |
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assigned by Section 521.053. |
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SECTION 2. Section 20.04, Business & Commerce Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) A consumer reporting agency may not charge a fee for: |
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(1) a request by a consumer for a copy of the |
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consumer's file: |
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(A) made not later than the 60th day after the |
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date on which adverse action is taken against the consumer; or |
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(B) made on the expiration of a 45-day security |
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alert; |
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(2) notification of the deletion of information that |
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is found to be inaccurate or can no longer be verified sent to a |
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person designated by the consumer, as prescribed by Section 611 of |
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the Fair Credit Reporting Act (15 U.S.C. Section 1681i), as |
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amended; |
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(3) a set of instructions for understanding the |
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information presented on the consumer report; |
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(4) a toll-free telephone number that consumers may |
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call to obtain additional assistance concerning the consumer report |
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or to request a security alert; |
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(5) a request for a security alert made by a consumer; |
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or |
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(6) the placement, temporary lifting, or removal of a |
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security freeze at the request of a consumer: |
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(A) who has submitted to the consumer reporting |
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agency a copy of a valid police report, investigative report, or |
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complaint involving the alleged commission of an offense under |
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Section 32.51, Penal Code; or |
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(B) if the consumer's consumer file was affected |
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by a consumer reporting agency's breach of system security. |
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(c) In the event of a conflict between federal law and this |
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section in the amount a consumer reporting agency may charge, |
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federal law controls. |
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SECTION 3. Section 20.29, Business & Commerce Code, is |
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amended by amending Subsection (c) and adding Subsection (d) to |
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read as follows: |
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(c) A consumer reporting agency may not charge a fee for the |
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placement or removal of a security freeze under this subchapter if: |
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(1) the protected consumer's representative submits to |
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the consumer reporting agency a copy of a valid police report, |
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investigative report, or complaint involving the commission of an |
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offense under Section 32.51, Penal Code; [or] |
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(2) at the time the protected consumer's |
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representative makes the request for a security freeze: |
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(A) the protected consumer is under the age of |
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16; and |
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(B) the consumer reporting agency has created a |
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consumer report pertaining to the protected consumer; or |
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(3) at the time the protected consumer's |
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representative makes the request for a security freeze, the |
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protected consumer's consumer file was affected by a consumer |
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reporting agency's breach of system security. |
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(d) In the event of a conflict between federal law and this |
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section in the amount a consumer reporting agency may charge, |
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federal law controls. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |