reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter K. Regulating the Collection or Solicitation by For-Profit Entities of Certain Public Donations › Section 17.921. Definitions

Sec. 17.921.  DEFINITIONS.  In this subchapter:
(1)  "Charitable organization" means an organization that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 by being listed as an exempt organization in Section 501(c) of that code.
(2)  "For-profit entity" has the meaning assigned by Section 1.002, Business Organizations Code.
(3)  "Household goods" mean furniture, furnishings, or personal effects used or for use in a dwelling.
(4)  "Public donations receptacle" means a large container or bin in a parking lot or public place that is intended for use as a collection point for clothing or household goods donated by the public.
Added by Acts 2009, 81st Leg., R.S., Ch. 1368 (S.B. 776), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter K. Regulating the Collection or Solicitation by For-Profit Entities of Certain Public Donations › Section 17.922. Required Disclosure for Collections Through Public Receptacle

Sec. 17.922.  REQUIRED DISCLOSURE FOR COLLECTIONS THROUGH PUBLIC RECEPTACLE.  (a)  A for-profit entity or individual may not use a public donations receptacle to collect donated clothing or household goods and subsequently sell the donated items unless the for-profit entity or individual attaches to the receptacle a notice that:
(1)  is permanently and prominently displayed on the front and at least one side of the receptacle;
(2)  is in bold print, with letters at least two inches in height and one inch in width;
(3)  contains the business address, other than a post office box number, and telephone number of the for-profit entity or individual; and
(4)  contains the appropriate disclosure prescribed by this section in English and Spanish.
(b)  If none of the proceeds from the sale of the donated items will be given to a charitable organization, the disclosure required by Subsection (a)(4) must state:
"DONATIONS ARE NOT FOR CHARITABLE ORGANIZATIONS AND WILL BE SOLD FOR PROFIT."
(c)  If any of the proceeds from the sale of the donated items will be given to a charitable organization, the disclosure required by Subsection (a)(4) must state:
"DONATIONS ARE TO (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) AND WILL BE SOLD FOR PROFIT.  ____ PERCENT (INSERT PERCENTAGE) OF ALL PROCEEDS WILL BE DONATED TO (NAME OF CHARITABLE ORGANIZATION)."
(d)  If the for-profit entity or individual pays to a charitable organization a flat fee that is not contingent on the proceeds generated from the sale of the donated items and the for-profit entity or individual retains a percentage of the proceeds from the sale, the disclosure required by Subsection (a)(4) must state:
"THIS DONATION RECEPTACLE IS OPERATED BY (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) ON BEHALF OF (NAME OF CHARITABLE ORGANIZATION).  Donations are sold for profit by (name of for-profit entity or individual) and a flat fee of (insert amount) is paid to (name of charitable organization)."
Added by Acts 2009, 81st Leg., R.S., Ch. 1368 (S.B. 776), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter K. Regulating the Collection or Solicitation by For-Profit Entities of Certain Public Donations › Section 17.923. Required Disclosures for Telephone or Door-to-Door Solicitations

Sec. 17.923.  REQUIRED DISCLOSURES FOR TELEPHONE OR DOOR-TO-DOOR SOLICITATIONS.  (a)  A for-profit entity or individual who makes, or directs another person to make, a telephone or door-to-door solicitation requesting that the person solicited donate clothing or household goods may not subsequently sell the donated items unless the solicitor provides to each person solicited, before accepting a donation from the person, the appropriate disclaimer prescribed by this section.
(b)  If none of the proceeds from the sale of the donated items will be given to a charitable organization, the solicitor must state:
"DONATIONS ARE NOT FOR CHARITABLE ORGANIZATIONS AND WILL BE SOLD FOR PROFIT."
(c)  If any of the proceeds from the sale of the donated items will be given to a charitable organization, the solicitor must state:
"DONATIONS TO (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) WILL BE SOLD FOR PROFIT AND ____ PERCENT (INSERT PERCENTAGE) OF ALL PROCEEDS WILL BE DONATED TO (NAME OF CHARITABLE ORGANIZATION)."
(d)  If the for-profit entity or individual pays to a charitable organization a flat fee that is not contingent on the proceeds generated from the sale of the donated items and the for-profit entity or individual retains a percentage of the proceeds from the sale, the solicitor must state:
"SOLICITATIONS FOR DONATIONS ARE MADE BY (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) ON BEHALF OF (NAME OF CHARITABLE ORGANIZATION).  Donations will be sold for profit by (name of for-profit entity or individual) and a flat fee of (insert amount) is paid to (name of charitable organization)."
Added by Acts 2009, 81st Leg., R.S., Ch. 1368 (S.B. 776), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter K. Regulating the Collection or Solicitation by For-Profit Entities of Certain Public Donations › Section 17.924. Required Disclosures for Mail Solicitations

Sec. 17.924.  REQUIRED DISCLOSURES FOR MAIL SOLICITATIONS.  (a)  A for-profit entity or individual who mails, or directs another person to mail, a solicitation requesting that the recipient donate clothing or household goods may not subsequently sell the donated items unless the solicitor includes with the mailed solicitation the appropriate disclosure prescribed by this section, prominently displayed in boldfaced type or capital letters in English and Spanish.
(b)  If none of the proceeds from the sale of the donated items will be given to a charitable organization, the disclosure required by Subsection (a) must state:
"DONATIONS ARE NOT FOR CHARITABLE ORGANIZATIONS AND WILL BE SOLD FOR PROFIT."
(c)  If any of the proceeds from the sale of the donated items will be given to a charitable organization, the disclosure required by Subsection (a) must state:
"DONATIONS TO (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) WILL BE SOLD FOR PROFIT AND _______ PERCENT (INSERT PERCENTAGE) OF ALL PROCEEDS WILL BE DONATED TO (NAME OF CHARITABLE ORGANIZATION)."
(d)  If the for-profit entity or individual pays to a charitable organization a flat fee that is not contingent on the proceeds generated from the sale of the donated items and the for-profit entity or individual retains a percentage of the proceeds from the sale, the disclosure required by Subsection (a) must state:
"SOLICITATIONS FOR DONATIONS ARE MADE BY (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) ON BEHALF OF (NAME OF CHARITABLE ORGANIZATION).  Donations will be sold for profit by (name of for-profit entity or individual) and a flat fee of (insert amount) is paid to (name of charitable organization)."
Added by Acts 2009, 81st Leg., R.S., Ch. 1368 (S.B. 776), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter K. Regulating the Collection or Solicitation by For-Profit Entities of Certain Public Donations › Section 17.925. Local Ordinance or Regulation

Sec. 17.925.  LOCAL ORDINANCE OR REGULATION.  Nothing in this subchapter shall be construed to limit the authority of a local government to adopt an ordinance or regulation relating to the use of public donations receptacles as a collection point for donated clothing or household goods if the ordinance or regulation is compatible with and equal to or more stringent than a requirement prescribed by this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1368 (S.B. 776), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter K. Regulating the Collection or Solicitation by For-Profit Entities of Certain Public Donations › Section 17.926. Civil Penalty

Sec. 17.926.  CIVIL PENALTY.  (a)  Except as provided by Subsection (b), a person who violates this subchapter is liable to this state for a civil penalty in an amount not to exceed $500 for each violation.  Each sale of a donated item is considered a separate violation for purposes of this subsection.
(b)  The total amount of penalties that may be imposed under Subsection (a) may not exceed $2,000 for donated items sold during a single transaction.
(c)  In determining the amount of the civil penalty imposed under this section, the court shall consider the amount necessary to deter future violations.
(d)  The attorney general or the prosecuting attorney in the county in which the violation occurs may bring an action to recover the civil penalty imposed under this section.  In this subsection, "prosecuting attorney" has the meaning assigned by Section 41.101, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1368 (S.B. 776), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter L. Bad Faith Claims of Patent Infringement › Section 17.951. Definition

Sec. 17.951.  DEFINITION.  In this subchapter, "end user" means a person that purchases, rents, leases, or otherwise obtains a product, service, or technology in the commercial market that is not for resale and that is, or later becomes, the subject of a patent infringement assertion due to the person's use of the product, service, or technology.
Added by Acts 2015, 84th Leg., R.S., Ch. 856 (S.B. 1457), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter L. Bad Faith Claims of Patent Infringement › Section 17.952. Bad Faith Claim of Patent Infringement Prohibited

Sec. 17.952.  BAD FAITH CLAIM OF PATENT INFRINGEMENT PROHIBITED.  (a)  A person may not send to an end user located or doing business in this state a written or electronic communication that is a bad faith claim of patent infringement.
(b)  A communication is a bad faith claim of patent infringement if the communication includes a claim that the end user or a person affiliated with the end user has infringed a patent and is liable for that infringement and:
(1)  the communication falsely states that the sender has filed a lawsuit in connection with the claim;
(2)  the claim is objectively baseless because:
(A)  the sender or a person the sender represents does not have a current right to license the patent to or enforce the patent against the end user;
(B)  the patent has been held invalid or unenforceable in a final judgment or administrative decision; or
(C)  the infringing activity alleged in the communication occurred after the patent expired; or
(3)  the communication is likely to materially mislead a reasonable end user because the communication does not contain information sufficient to inform the end user of:
(A)  the identity of the person asserting the claim;
(B)  the patent that is alleged to have been infringed; and
(C)  at least one product, service, or technology obtained by the end user that is alleged to infringe the patent or the activity of the end user that is alleged to infringe the patent.
Added by Acts 2015, 84th Leg., R.S., Ch. 856 (S.B. 1457), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter L. Bad Faith Claims of Patent Infringement › Section 17.953. Enforcement by Attorney General; Injunction and Civil Penalty

Sec. 17.953.  ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION AND CIVIL PENALTY.  (a)  If the attorney general believes that a person has violated or is violating Section 17.952, the attorney general may bring an action on behalf of the state to enjoin the person from violating that section.
(b)  In addition to seeking an injunction under Subsection (a), the attorney general may request and the court may order any other relief that may be in the public interest, including:
(1)  the imposition of a civil penalty in an amount not to exceed $50,000 for each violation of Section 17.952;
(2)  an order requiring reimbursement to this state for the reasonable value of investigating and prosecuting a violation of Section 17.952; and
(3)  an order requiring restitution to a victim for legal and professional expenses related to the violation.
Added by Acts 2015, 84th Leg., R.S., Ch. 856 (S.B. 1457), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter L. Bad Faith Claims of Patent Infringement › Section 17.954. Construction of Subchapter

Sec. 17.954.  CONSTRUCTION OF SUBCHAPTER.  This subchapter may not be construed to:
(1)  limit rights and remedies available to the state or another person under any other law;
(2)  alter or restrict the attorney general's authority under other law with regard to conduct involving claims of patent infringement; or
(3)  prohibit a person who owns or has a right to license or enforce a patent from:
(A)  notifying others of the person's ownership or right;
(B)  offering the patent to others for license or sale;
(C)  notifying any person of the person's infringement of the patent as provided by 35 U.S.C. Section 287; or
(D)  seeking compensation for past or present infringement of the patent or for a license to the patent.
Added by Acts 2015, 84th Leg., R.S., Ch. 856 (S.B. 1457), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter L. Bad Faith Claims of Patent Infringement › Section 17.955. No Private Cause of Action

Sec. 17.955.  NO PRIVATE CAUSE OF ACTION.  This subchapter does not create a private cause of action for a violation of Section 17.952.
Added by Acts 2015, 84th Leg., R.S., Ch. 856 (S.B. 1457), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter A. General Requirements › Section 20.02. Permissible Purposes; Prohibition; Use of Consumer's Social Security Number

Sec. 20.02.  PERMISSIBLE PURPOSES;  PROHIBITION;  USE OF CONSUMER'S SOCIAL SECURITY NUMBER.  (a)  A consumer reporting agency may furnish a consumer report only:
(1)  in response to a court order issued by a court with proper jurisdiction;
(2)  in accordance with the written instructions of the consumer to whom the report relates;  or
(3)  to a person the agency has reason to believe:
(A)  intends to use the information in connection with a transaction involving the extension of credit to, or review or collection of an account of, the consumer to whom the report relates;
(B)  intends to use the information for employment purposes as authorized under the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), as amended, and regulations adopted under that Act;
(C)  intends to use the information in connection with the underwriting of insurance involving the consumer as authorized under the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), as amended, and regulations adopted under that Act;
(D)  intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental entity required by law to consider an applicant's financial responsibility or status;
(E)  has a legitimate business need for the information in connection with a business transaction involving the consumer;  or
(F)  intends to use the information for any purpose authorized under the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), as amended, and regulations adopted under that Act.
(b)  A consumer reporting agency may not prohibit a user of a consumer report or investigative consumer report from disclosing the contents of the report or providing a copy of the report to the consumer to whom it relates at the consumer's request if adverse action against the consumer based wholly or partly on the report has been taken or is contemplated by the user of the report.  A user of a consumer report or a consumer reporting agency may not be found liable or otherwise held responsible for a disclosed or copied report when acting under this subsection.  The disclosure or copy of the report, by itself, does not make a user of the report a consumer reporting agency.
(c)  If a consumer furnishes the consumer's social security number to a person for use in obtaining a consumer report, the person shall include the consumer's social security number with the request for the consumer report and shall include the social security number with all future reports of information regarding the consumer made by the person to a consumer reporting agency unless the person has reason to believe that the social security number is inaccurate.
Added by Acts 1997, 75th Leg., ch. 1396, Sec. 33(a), eff. Oct. 1, 1997.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter A. General Requirements › Section 20.021. Check Verification and Check Guarantee Services; Disclosures to Consumers

Sec. 20.021.  CHECK VERIFICATION AND CHECK GUARANTEE SERVICES;  DISCLOSURES TO CONSUMERS.  (a)  In this section, "check verifier" means any business offering check verification or check guarantee services in this state.
(b)  On request and proper identification provided by a consumer, a check verifier shall disclose to the consumer in writing all information pertaining to the consumer in the check verifier's files at the time of the request, including:
(1)  the criteria used by the check verifier to reject a check from the consumer;
(2)  a set of instructions describing how information is presented on the check verifier's written disclosure of the consumer file;  and
(3)  a toll-free number at which personnel are available to consumers during normal business hours for use in resolving a dispute if the consumer submits a written dispute to the check verifier.
(c)  A check verifier may not charge a consumer for disclosing the information required under Subsection (b) if the check verifier has rejected a check from the consumer in the 30 days prior to the consumer's request for information.  A check verifier may otherwise impose a reasonable charge on a consumer for the disclosure of information pertaining to the consumer in an amount not to exceed $8.
Added by Acts 2003, 78th Leg., ch. 1291, Sec. 2, eff. Sept. 1, 2003.
Renumbered from Business and Commerce Code, Section 20.11 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(2), eff. September 1, 2005.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter A. General Requirements › Section 20.03. Disclosures to Consumers

Sec. 20.03.  DISCLOSURES TO CONSUMERS.  (a)  On request and proper identification provided by a consumer, a consumer reporting agency shall disclose to the consumer in writing all information pertaining to the consumer in the consumer reporting agency's files at the time of the request, including:
(1)  the name of each person requesting credit information about the consumer during the preceding six months and the date of each request;
(2)  a set of instructions describing how information is presented on the consumer reporting agency's written disclosure of the consumer file;  and
(3)  if the consumer reporting agency compiles and maintains files on a nationwide basis, a toll-free number at which personnel are available to consumers during normal business hours for use in resolving a dispute if the consumer submits a written dispute to the consumer reporting agency.
(b)  The information must be disclosed in a clear, accurate manner that is understandable to a consumer.
(c)  A consumer reporting agency shall provide a copy of the consumer's file to the consumer on the request of the consumer and on evidence of proper identification, as directed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), as amended, and regulations adopted under that Act.
(d)  Any written disclosure to a consumer by a consumer reporting agency under this chapter must include a written statement that explains in clear and simple language the consumer's rights under this chapter and includes:
(1)  the process for receiving a consumer report or consumer file;
(2)  the process for requesting or removing a security alert or freeze;
(3)  the toll-free telephone number for requesting a security alert;
(4)  applicable fees;
(5)  dispute procedures;
(6)  the process for correcting a consumer file or report;  and
(7)  information on a consumer's right to bring an action in court or arbitrate a dispute.
Added by Acts 1997, 75th Leg., ch. 1396, Sec. 33(a), eff. Oct. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1326, Sec. 2, eff. Sept. 1, 2003.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter B. Security Alert and Security Freeze › Section 20.031. Requesting Security Alert

Sec. 20.031.  REQUESTING SECURITY ALERT.  On a request in writing or by telephone and with proper identification provided by a consumer, a consumer reporting agency shall place a security alert on the consumer's consumer file not later than 24 hours after the date the agency receives the request.  The security alert must remain in effect for not less than 45 days after the date the agency places the security alert on the file.  There is no limit on the number of security alerts a consumer may request.  At the end of a 45-day security alert, on request in writing or by telephone and with proper identification provided by the consumer, the agency shall provide the consumer with a copy of the consumer's file.  A consumer may include with the security alert request a telephone number to be used by persons to verify the consumer's identity before entering into a transaction with the consumer.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter B. Security Alert and Security Freeze › Section 20.032. Notification of Security Alert

Sec. 20.032.  NOTIFICATION OF SECURITY ALERT.  A consumer reporting agency shall notify a person who requests a consumer report if a security alert is in effect for the consumer file involved in that report and include a verification telephone number for the consumer if the consumer has provided a number under Section 20.031.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter B. Security Alert and Security Freeze › Section 20.033. Toll-Free Security Alert Request Number

Sec. 20.033.  TOLL-FREE SECURITY ALERT REQUEST NUMBER.  A consumer reporting agency shall maintain a toll-free telephone number that is answered at a minimum during normal business hours to accept security alert requests from consumers.  If calls are not answered after normal business hours, an automated answering system shall record requests and calls shall be returned to the consumer not later than two hours after the time the normal business day begins on the next business day after the date the call was received.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter B. Security Alert and Security Freeze › Section 20.034. Requesting Security Freeze

Sec. 20.034.  REQUESTING SECURITY FREEZE.  (a)  On written request sent by certified mail that includes proper identification provided by a consumer, a consumer reporting agency shall place a security freeze on a consumer's consumer file not later than the fifth business day after the date the agency receives the request.
(b)  On written request for a security freeze provided by a consumer under Subsection (a), a consumer reporting agency shall disclose to the consumer the process of placing, removing, and temporarily lifting a security freeze and the process for allowing access to information from the consumer's consumer file for a specific requester or period while the security freeze is in effect.
(c)  A consumer reporting agency shall, not later than the 10th business day after the date the agency receives the request for a security freeze:
(1)  send a written confirmation of the security freeze to the consumer;  and
(2)  provide the consumer with a unique personal identification number or password to be used by the consumer to authorize a removal or temporary lifting of the security freeze under Section 20.037.
(d)  A consumer may request in writing a replacement personal identification number or password.  The request must comply with the requirements for requesting a security freeze under Subsection (a).  The consumer reporting agency shall not later than the third business day after the date the agency receives the request for a replacement personal identification number or password provide the consumer with a new unique personal identification number or password to be used by the consumer instead of the number or password that was provided under Subsection (c).
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1143 (S.B. 222), Sec. 1, eff. September 1, 2007.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter B. Security Alert and Security Freeze › Section 20.035. Notification of Change

Sec. 20.035.  NOTIFICATION OF CHANGE.  If a security freeze is in place, a consumer reporting agency shall notify the consumer in writing of a change in the consumer file to the consumer's name, date of birth, social security number, or address not later than 30 calendar days after the date the change is made.  The agency shall send notification of a change of address to the new address and former address.  This section does not require notice of an immaterial change, including a street abbreviation change or correction of a transposition of letters or misspelling of a word.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter B. Security Alert and Security Freeze › Section 20.036. Notification of Security Freeze

Sec. 20.036.  NOTIFICATION OF SECURITY FREEZE.  A consumer reporting agency shall notify a person who requests a consumer report if a security freeze is in effect for the consumer file involved in that report.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter B. Security Alert and Security Freeze › Section 20.037. Removal or Temporary Lifting of Security Freeze

Sec. 20.037.  REMOVAL OR TEMPORARY LIFTING OF SECURITY FREEZE.  (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.
(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, shall temporarily lift the security freeze for:
(1)  a certain properly designated period;  or
(2)  a certain properly identified requester.
(c)  A consumer reporting agency may develop procedures involving the use of a telephone, a facsimile machine, the Internet, or another electronic medium to receive and process a request from a consumer under this section.
(d)  A consumer reporting agency shall remove a security freeze placed on a consumer file if the security freeze was placed due to a material misrepresentation of fact by the consumer.  The consumer reporting agency shall notify the consumer in writing before removing the security freeze under this subsection.
(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1143, Sec. 4, eff. September 1, 2007.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1143 (S.B. 222), Sec. 4, eff. September 1, 2007.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter B. Security Alert and Security Freeze › Section 20.038. Exemption From Security Freeze

Text of section effective until April 01, 2025
Sec. 20.038.  EXEMPTION FROM SECURITY FREEZE.  A security freeze does not apply to a consumer report provided to:
(1)  a state or local governmental entity, including a law enforcement agency or court or private collection agency, if the entity, agency, or court is acting under a court order, warrant, subpoena, or administrative subpoena;
(2)  a child support agency as defined by Section 101.004, Family Code, acting to investigate or collect child support payments or acting under Title IV-D of the Social Security Act (42 U.S.C. Section 651 et seq.);
(3)  the Health and Human Services Commission acting under Section 531.102, Government Code;
(4)  the comptroller acting to investigate or collect delinquent sales or franchise taxes;
(5)  a tax assessor-collector acting to investigate or collect delinquent ad valorem taxes;
(6)  a person for the purposes of prescreening as provided by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), as amended;
(7)  a person with whom the consumer has an account or contract or to whom the consumer has issued a negotiable instrument, or the person's subsidiary, affiliate, agent, assignee, prospective assignee, or private collection agency, for purposes related to that account, contract, or instrument;
(8)  a subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under Section 20.037(b);
(9)  a person who administers a credit file monitoring subscription service to which the consumer has subscribed;
(10)  a person for the purpose of providing a consumer with a copy of the consumer's report on the consumer's request;
(11)  a check service or fraud prevention service company that issues consumer reports:
(A)  to prevent or investigate fraud;  or
(B)  for purposes of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment;
(12)  a deposit account information service company that issues consumer reports related to account closures caused by fraud, substantial overdrafts, automated teller machine abuses, or similar negative information regarding a consumer to an inquiring financial institution for use by the financial institution only in reviewing a consumer request for a deposit account with that institution;  or
(13)  a consumer reporting agency that:
(A)  acts only to resell credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies;  and
(B)  does not maintain a permanent database of credit information from which new consumer reports are produced.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 3, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.01, eff. April 1, 2025.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter B. Security Alert and Security Freeze › Section 20.0385. Applicability of Security Alert and Security Freeze

Sec. 20.0385.  APPLICABILITY OF SECURITY ALERT AND SECURITY FREEZE.  (a)  The requirement under this chapter to place a security alert or security freeze on a consumer file does not apply to:
(1)  a check service or fraud prevention service company that issues consumer reports:
(A)  to prevent or investigate fraud; or
(B)  for purposes of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment; or
(2)  a deposit account information service company that issues consumer reports related to account closures caused by fraud, substantial overdrafts, automated teller machine abuses, or similar negative information regarding a consumer to an inquiring financial institution for use by the financial institution only in reviewing a consumer request for a deposit account with that institution.
(b)  The requirement under this chapter to place a security freeze on a consumer file does not apply to a consumer reporting agency that:
(1)  acts only to resell credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies; and
(2)  does not maintain a permanent database of credit information from which new consumer reports are produced.
(c)  Notwithstanding Section 20.12, a violation of a requirement under this chapter to place, temporarily lift, or remove a security freeze on a consumer file is not a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1143 (S.B. 222), Sec. 2, eff. September 1, 2007.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter B. Security Alert and Security Freeze › Section 20.039. Respect of Security Freeze

Sec. 20.039.  RESPECT OF SECURITY FREEZE.  A consumer reporting agency shall honor a security freeze placed on a consumer file by another consumer reporting agency.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter C. Restrictions on and Authority of Consumers and Consumer Reporting Agencies › Section 20.04. Charges for Certain Disclosures or Services

Sec. 20.04.  CHARGES FOR CERTAIN DISCLOSURES OR SERVICES.  (a)  Except as provided by Subsection (b), a consumer reporting agency may impose a reasonable charge on a consumer for the disclosure of information pertaining to the consumer or for placing a security freeze on a consumer file, temporarily lifting a security freeze for a designated period or for an identified requester, or removing a security freeze in accordance with this chapter.  The amount of the charge for the disclosure of information pertaining to the consumer may not exceed $8.  The amount of the charge for placing a security freeze on a consumer file, temporarily lifting a security freeze for a designated period, or removing a security freeze may not exceed $10 per request.  The amount of the charge for temporarily lifting a security freeze for an identified requester may not exceed $12 per request.  On January 1 of each year, a consumer reporting agency may increase the charge for disclosure to a consumer or for placing, temporarily lifting, or removing a security freeze.  The increase, if any, must be based proportionally on changes to the Consumer Price Index for All Urban Consumers as determined by the United States Department of Labor with fractional changes rounded to the nearest 50 cents.
(b)  A consumer reporting agency may not charge a fee for:
(1)  a request by a consumer for a copy of the consumer's file:
(A)  made not later than the 60th day after the date on which adverse action is taken against the consumer; or
(B)  made on the expiration of a 45-day security alert;
(2)  notification of the deletion of information that is found to be inaccurate or can no longer be verified sent to a person designated by the consumer, as prescribed by Section 611 of the Fair Credit Reporting Act (15 U.S.C. Section 1681i), as amended;
(3)  a set of instructions for understanding the information presented on the consumer report;
(4)  a toll-free telephone number that consumers may call to obtain additional assistance concerning the consumer report or to request a security alert;
(5)  a request for a security alert made by a consumer; or
(6)  the placement, temporary lifting, or removal of a security freeze at the request of a consumer who has submitted to the consumer reporting agency a copy of a valid police report, investigative report, or complaint involving the alleged commission of an offense under Section 32.51, Penal Code.
Added by Acts 1997, 75th Leg., ch. 1396, Sec. 33(a), eff. Oct. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1326, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1143 (S.B. 222), Sec. 3, eff. September 1, 2007.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 4, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter C. Restrictions on and Authority of Consumers and Consumer Reporting Agencies › Section 20.07. Correction of Inaccurate Information

Sec. 20.07.  CORRECTION OF INACCURATE INFORMATION.  (a)  A consumer reporting agency shall provide a person who provides consumer credit information to the agency with the option of correcting previously reported inaccurate information by submitting the correction by facsimile or other automated means.
(b)  The credit reporting agency which receives a correction shall have reasonable procedures to assure that previously reported inaccurate information in a consumer's file is corrected in a prompt and timely fashion.
Added by Acts 1997, 75th Leg., ch. 1396, Sec. 33(a), eff. Oct. 1, 1997.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 4, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter D. Enforcement › Section 20.08. Consumer's Right to File Action in Court or Arbitrate Disputes

Sec. 20.08.  CONSUMER'S RIGHT TO FILE ACTION IN COURT OR ARBITRATE DISPUTES.  (a)  An action to enforce an obligation of a consumer reporting agency to a consumer under this chapter may be brought in any court as provided by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), as amended, or, if agreed to by both parties, may be submitted to binding arbitration after the consumer has followed all dispute procedures in Section 20.06 and has received the notice specified in Section 20.06(f) in the manner provided by the rules of the American Arbitration Association.
(b)  A decision rendered by an arbitrator under this section does not affect the validity of an obligation or debt owed by the consumer to any party.
(c)  A prevailing party in an action or arbitration proceeding brought under this section shall be compensated for the party's attorney fees and costs of the proceeding as determined by the court or arbitration.
(d)  A consumer may not submit to arbitration more than one action against a particular consumer reporting agency during any 120-day period.
(e)  The results of an arbitration action brought against a consumer reporting agency doing business in this state shall be communicated in a timely manner to other consumer reporting agencies doing business in this state.
(f)  If a determination is made in favor of a consumer after submission of a dispute to arbitration, the disputed adverse information in the consumer's file or record shall be removed or stricken in a timely manner.  If the adverse information is not removed or stricken, the consumer may bring an action against the noncomplying agency under this section regardless of the 120-day waiting period required under this section.
Added by Acts 1997, 75th Leg., ch. 1396, Sec. 33(a), eff. Oct. 1, 1997.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 5, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter D. Enforcement › Section 20.09. Civil Liability

Sec. 20.09.  CIVIL LIABILITY.  (a)  A consumer reporting agency that wilfully violates this chapter is liable to the consumer against whom the violation occurs for the greater of three times the amount of actual damages to the consumer or $1,000, reasonable attorney fees, and court or arbitration costs.
(b)  A consumer reporting agency that negligently violates this chapter is liable to the consumer against whom the violation occurs for the greater of the amount of actual damages to the consumer or $500, reasonable attorney fees, and court or arbitration costs.  A consumer reporting agency is not considered to have negligently violated this chapter if, not later than the 30th day after the date on which the agency receives notice of a dispute from the consumer under Section 20.06 that clearly explains the nature and substance of the dispute, the agency completes the reinvestigation and sends the consumer and, at the request of the consumer, each person who received the consumer information written notification of the results of the reinvestigation in accordance with Section 20.06(f).
(c)  In addition to liability imposed under Subsection (a), a consumer reporting agency that does not correct a consumer's file and consumer report before the 10th day after the date on which a judgment is entered against the agency because of inaccurate information contained in a consumer's file is also liable for $1,000 a day until the inaccuracy is corrected.
Added by Acts 1997, 75th Leg., ch. 1396, Sec. 33(a), eff. Oct. 1, 1997.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 5, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter D. Enforcement › Section 20.10. Remedies Cumulative

Sec. 20.10.  REMEDIES CUMULATIVE.  An action taken under this chapter does not prohibit a consumer from taking any other action authorized by law except that a credit reporting agency may not be subject to suit with respect to any issue that was the subject of an arbitration proceeding brought under Section 20.08.
Added by Acts 1997, 75th Leg., ch. 1396, Sec. 33(a), eff. Oct. 1, 1997.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 5, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter D. Enforcement › Section 20.11. Injunctive Relief; Civil Penalty

Sec. 20.11.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  The attorney general may file a suit against a person for:
(1)  injunctive relief to prevent or restrain a violation of this chapter;  or
(2)  a civil penalty in an amount not to exceed $2,000 for each violation of this chapter.
(b)  If the attorney general brings an action against a person under Subsection (a) and an injunction is granted against the person or the person is found liable for a civil penalty, the attorney general may recover reasonable expenses, court costs, investigative costs, and attorney's fees.
(c)  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 5, eff. Sept. 1, 2003.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 5, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter D. Enforcement › Section 20.12. Deceptive Trade Practice

Sec. 20.12.  DECEPTIVE TRADE PRACTICE.  A violation of this chapter is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 5, eff. Sept. 1, 2003.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 5, eff. January 1, 2014.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 20 - Regulation of Consumer Credit Reporting Agencies › Subchapter D. Enforcement › Section 20.13. Venue

Sec. 20.13.  VENUE.  An action brought under this chapter shall be filed in a district court:
(1)  in Travis County;
(2)  in any county in which the violation occurred;  or
(3)  in the county in which the victim resides, regardless of whether the alleged violator has resided, worked, or done business in the county in which the victim resides.
Added by Acts 2003, 78th Leg., ch. 1326, Sec. 5, eff. Sept. 1, 2003.
Assigned by Acts 2013, 83rd Leg., R.S., Ch. 64 (S.B. 60), Sec. 5, eff. January 1, 2014.