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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a parent or legal guardian to establish |
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a consumer file for a child or adult ward and act on the child's or |
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adult ward's behalf with a consumer reporting agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 20, Business & Commerce Code, is amended |
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by adding Section 20.025 to read as follows: |
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Sec. 20.025. CONSUMER FILE FOR CHILD OR ADULT WARD; |
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AUTHORITY OF PARENT OR GUARDIAN. (a) In this section: |
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(1) "Guardian," with respect to a child, means: |
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(A) a managing or possessory conservator of the |
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child who is not the child's parent; or |
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(B) a guardian of the person or estate, or both, |
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of the child. |
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(2) "Guardian," with respect to a ward, means a |
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guardian of the person or estate, or both, of the ward. |
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(3) "Parent" means a natural or adoptive parent. The |
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term does not include a parent whose parental rights have been |
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terminated. |
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(4) "Ward" means an incapacitated person for whom a |
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guardian is appointed by a court. The term does not include a person |
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who must have a guardian appointed for the person to receive funds |
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due the person from a governmental source. |
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(b) A parent of a child younger than 16 years of age or the |
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guardian of a ward who is 18 years of age or older may request a |
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consumer reporting agency to establish a consumer file for the |
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child or ward. |
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(c) On the request of a parent or a guardian who provides |
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proof of authority required by Subsection (d) or a guardian who |
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provides proof of authority required by Subsection (e), a consumer |
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reporting agency shall establish and maintain a consumer file for |
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the child or ward and shall recognize the authority of the parent or |
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guardian to act on the child's or ward's behalf as provided by this |
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section. |
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(d) For a parent, a certified copy of the child's birth |
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certificate or, for a guardian, a copy of a court order documenting |
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that the guardian is the managing or possessory conservator or |
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guardian of the child, presented together with a copy of a |
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government-issued identification issued to the parent or guardian, |
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is acceptable proof of authority for purposes of Subsection (c) and |
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is considered "proper identification" for purposes of any provision |
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of this chapter, including Sections 20.031 and 20.034. |
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(e) A copy of the court order appointing the guardian for |
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the ward, presented together with a copy of a government-issued |
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identification issued to the guardian, is acceptable proof of |
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authority for purposes of Subsection (c) and is considered "proper |
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identification" for purposes of any provision of this chapter, |
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including Sections 20.031 and 20.034. |
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(f) A parent of a child younger than 16 years of age or a |
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guardian of a ward for whom a consumer file is established under |
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this section has the same authority to act on the child's or ward's |
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behalf with respect to the child's or ward's consumer file as a |
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consumer has to act on the consumer's own behalf under this chapter, |
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including the authority to request the placement or removal of a |
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security alert or a security freeze. |
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(g) A charge imposed on a consumer under Section 20.04 is |
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imposed on the parent of a child or guardian of a ward for whom a |
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consumer file is established under this section. |
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(h) A consumer reporting agency may not recognize the |
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authority of an alleged parent or guardian to act on a child's or |
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ward's behalf if the agency receives proof that a court has |
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terminated the relationship under which the alleged parent or |
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guardian assumes authority to act under this section. |
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SECTION 2. Section 20.037, Business & Commerce Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A consumer reporting agency shall, on the child's 16th |
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birthday, remove a security freeze placed on the consumer file of a |
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child established under Section 20.025 and shall notify both the |
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parent and child in writing at least 30 days before removing the |
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security freeze under this subsection. |
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SECTION 3. This Act takes effect September 1, 2013. |