Tex.
Bus. & Com. Code Section 20.038
Exemption from Security Freeze
(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 (Child Support Agency), 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 (Office of Inspector General), 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 (Removal or Temporary Lifting of Security Freeze)(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.(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 (Child Support Agency), 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 the following provisions of the Government Code:(A)
Section 544.0052 (Rules Regarding Enforcement and Punitive Actions);(B)
Section 544.0101 (Appointment of Inspector General; Term);(C)
Section 544.0102 (Commission Powers and Duties Related to Office of Inspector General);(D)
Section 544.0103 (Office of Inspector General: General Powers and Duties);(E)
Section 544.0104 (Employment of Medical Director);(F)
Section 544.0105 (Employment of Dental Director);(G)
Section 544.0106 (Contract for Review of Investigative Findings by Qualified Expert);(H)
Section 544.0108 (Investigative Process Review);(I)
Sections 544.0109 (Performance Audits and Coordination of Audit Activities)(b) and (d);(J)
Section 544.0110 (Reports on Audits, Inspections, and Investigations);(K)
Section 544.0113 (Program Exclusions);(L)
Section 544.0114 (Report);(M)
Section 544.0251 (Claims Criteria Requiring Commencement of Investigation);(N)
Section 544.0252 (Circumstances Requiring Commencement of Preliminary Investigation of Alleged Fraud or Abuse)(b);(O)
Section 544.0254 (Finding of Certain Medicaid Fraud or Abuse Following Preliminary Investigation: Criminal Referral or Full Investigation);(P)
Section 544.0255 (Immediate Criminal Referral Under Certain Circumstances);(Q)
Section 544.0257 (Completion of Full Investigation of Alleged Medicaid Fraud or Abuse);(R)
Section 544.0301 (Imposition of Payment Hold);(S)
Section 544.0302 (Notice);(T)
Section 544.0303 (Expedited Administrative Hearing); and(U)
Section 544.0304 (Informal Resolution);(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.
Source:
Section 20.038 — Exemption from Security Freeze, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.20.htm#20.038 (accessed Jun. 5, 2024).
