Texas Business and Commerce Code 20.05 – Reporting of Information Prohibited
(a) Except as provided by Subsection (b), a consumer reporting agency may not furnish a consumer report containing information related to:
(1) a case under Title 11 of the United States Code or under the federal Bankruptcy Act in which the date of entry of the order for relief or the date of adjudication predates the consumer report by more than 10 years;
(2) a suit or judgment in which the date of entry predates the consumer report by more than seven years or the governing statute of limitations, whichever is longer;
(3) a tax lien in which the date of payment predates the consumer report by more than seven years;
(4) a record of arrest, indictment, or conviction of a crime in which the date of disposition, release, or parole predates the consumer report by more than seven years;
(5) a collection account with a medical industry code, if the consumer was covered by a health benefit plan at the time of the event giving rise to the collection and the collection is for an outstanding balance, after copayments, deductibles, and coinsurance, owed to an emergency care provider or a facility-based provider for an out-of-network benefit claim; or
(6) another item or event that predates the consumer report by more than seven years.
(b) A consumer reporting agency may furnish a consumer report that contains information described by Subsection (a) if the information is provided in connection with:
(1) a credit transaction with a principal amount that is or may reasonably be expected to be $150,000 or more;
(2) the underwriting of life insurance for a face amount that is or may reasonably be expected to be $150,000 or more; or
(3) the employment of a consumer at an annual salary that is or may reasonably be expected to be $75,000 or more.
Terms Used In Texas Business and Commerce Code 20.05
- Arrest: Taking physical custody of a person by lawful authority.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Conviction: A judgement of guilt against a criminal defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(b-1) A consumer reporting agency may furnish to a person a consumer report that contains information described by Subsection (a) if the information is needed by the person to avoid a violation of 18 U.S.C. § 1033.
(c) A consumer reporting agency may not furnish medical information about a consumer in a consumer report that is being obtained for employment purposes or in connection with a credit, insurance, or direct marketing transaction unless the consumer consents to the furnishing of the medical information.
(d) In this section:
(1) “Emergency care provider” means a physician, health care practitioner, facility, or other health care provider who provides emergency care.
(2) “Facility” has the meaning assigned by § 324.001, Health and Safety Code.
(3) “Facility-based provider” means a physician, health care practitioner, or other health care provider who provides health care or medical services to patients of a facility.
(4) “Health care practitioner” means an individual who is licensed to provide health care services.