Bill Text: TX HB1087 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to authorizing the placement of a security freeze on the consumer file or other record created or maintained by a consumer reporting agency regarding a person under 16 years of age.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-03 - Laid on the table subject to call [HB1087 Detail]
Download: Texas-2013-HB1087-Introduced.html
Bill Title: Relating to authorizing the placement of a security freeze on the consumer file or other record created or maintained by a consumer reporting agency regarding a person under 16 years of age.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-03 - Laid on the table subject to call [HB1087 Detail]
Download: Texas-2013-HB1087-Introduced.html
83R3623 ATP-D | ||
By: Giddings | H.B. No. 1087 |
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relating to the authority of a parent or legal guardian to establish | ||
a consumer file for a child or adult ward and act on the child's or | ||
adult ward's behalf with a consumer reporting agency. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 20, Business & Commerce Code, is amended | ||
by adding Section 20.025 to read as follows: | ||
Sec. 20.025. CONSUMER FILE FOR CHILD OR ADULT WARD; | ||
AUTHORITY OF PARENT OR GUARDIAN. (a) In this section: | ||
(1) "Guardian," with respect to a child, means: | ||
(A) a managing or possessory conservator of the | ||
child who is not the child's parent; or | ||
(B) a guardian of the person or estate, or both, | ||
of the child. | ||
(2) "Guardian," with respect to a ward, means a | ||
guardian of the person or estate, or both, of the ward. | ||
(3) "Parent" means a natural or adoptive parent. The | ||
term does not include a parent whose parental rights have been | ||
terminated. | ||
(4) "Ward" means an incapacitated person for whom a | ||
guardian is appointed by a court. The term does not include a person | ||
who must have a guardian appointed for the person to receive funds | ||
due the person from a governmental source. | ||
(b) A parent of a child younger than 16 years of age or the | ||
guardian of a ward who is 18 years of age or older may request a | ||
consumer reporting agency to establish a consumer file for the | ||
child or ward. | ||
(c) On the request of a parent or a guardian who provides | ||
proof of authority required by Subsection (d) or a guardian who | ||
provides proof of authority required by Subsection (e), a consumer | ||
reporting agency shall establish and maintain a consumer file for | ||
the child or ward and shall recognize the authority of the parent or | ||
guardian to act on the child's or ward's behalf as provided by this | ||
section. | ||
(d) For a parent, a certified copy of the child's birth | ||
certificate or, for a guardian, a copy of a court order documenting | ||
that the guardian is the managing or possessory conservator or | ||
guardian of the child, presented together with a copy of a | ||
government-issued identification issued to the parent or guardian, | ||
is acceptable proof of authority for purposes of Subsection (c) and | ||
is considered "proper identification" for purposes of any provision | ||
of this chapter, including Sections 20.031 and 20.034. | ||
(e) A copy of the court order appointing the guardian for | ||
the ward, presented together with a copy of a government-issued | ||
identification issued to the guardian, is acceptable proof of | ||
authority for purposes of Subsection (c) and is considered "proper | ||
identification" for purposes of any provision of this chapter, | ||
including Sections 20.031 and 20.034. | ||
(f) A parent of a child younger than 16 years of age or a | ||
guardian of a ward for whom a consumer file is established under | ||
this section has the same authority to act on the child's or ward's | ||
behalf with respect to the child's or ward's consumer file as a | ||
consumer has to act on the consumer's own behalf under this chapter, | ||
including the authority to request the placement or removal of a | ||
security alert or a security freeze. | ||
(g) A charge imposed on a consumer under Section 20.04 is | ||
imposed on the parent of a child or guardian of a ward for whom a | ||
consumer file is established under this section. | ||
(h) A consumer reporting agency may not recognize the | ||
authority of an alleged parent or guardian to act on a child's or | ||
ward's behalf if the agency receives proof that a court has | ||
terminated the relationship under which the alleged parent or | ||
guardian assumes authority to act under this section. | ||
SECTION 2. Section 20.037, Business & Commerce Code, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) A consumer reporting agency shall, on the child's 16th | ||
birthday, remove a security freeze placed on the consumer file of a | ||
child established under Section 20.025 and shall notify both the | ||
parent and child in writing at least 30 days before removing the | ||
security freeze under this subsection. | ||
SECTION 3. This Act takes effect September 1, 2013. |