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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 and act on the child's behalf with a |
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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; AUTHORITY OF PARENT. |
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(a) In this section, "parent" means a natural or adoptive parent, |
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managing or possessory conservator, or legal guardian of a person. |
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The term does not include a parent whose parental rights have been |
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terminated. |
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(b) A parent of a child younger than 16 years of age may |
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request a consumer reporting agency to establish a consumer file |
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for the child. |
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(c) On the request of a parent who provides proof of |
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authority required by Subsection (d), a consumer reporting agency |
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shall establish and maintain a consumer file for the child and shall |
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recognize the authority of the parent to act on the child's behalf |
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as provided by this section. |
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(d) A certified copy of the child's birth certificate or |
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court order documenting that the parent is the managing or |
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possessory conservator or legal guardian of the person of the |
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child, presented together with a copy of a government-issued |
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identification issued to the parent, 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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(e) A parent of a child younger than 16 years of age for whom |
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a consumer file is established under this section has the same |
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authority to act on the child's behalf with respect to the child's |
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consumer file as a consumer has to act on the consumer's own behalf |
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under this chapter, including the authority to request the |
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placement or removal of a security alert or a security freeze. |
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(f) A charge imposed on a consumer under Section 20.04 is |
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imposed on the parent of a child for whom a consumer file is |
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established under this section. |
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(g) A consumer reporting agency may not recognize the |
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authority of an alleged parent to act on a child's behalf if the |
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agency receives proof that a court has terminated the relationship |
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under which the alleged parent assumes authority to act under this |
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section. |
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SECTION 2. Section 20.037, Business & Commerce Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) 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. Section 20.04(b), Business & Commerce Code, is |
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amended by adding Subsection (7) to read as follows: |
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(7) establishing and maintaining a file created under |
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Section 20.025(c). |
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SECTION 4. This Act takes effect September 1, 2013. |