{"data":{"id":"us-tx/tex.-business-commerce-code-20.038","jurisdiction":"us-tx","citation":"Tex. Business \u0026 Commerce Code § 20.038","heading":"EXEMPTION FROM SECURITY FREEZE.","body":"A security freeze does not apply to a consumer report provided to:\n(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;\n(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.);\n(3) the Health and Human Services Commission acting under the following provisions of the Government Code:\n(A) Section 544.0052;\n(B) Section 544.0101;\n(C) Section 544.0102;\n(D) Section 544.0103;\n(E) Section 544.0104;\n(F) Section 544.0105;\n(G) Section 544.0106;\n(H) Section 544.0108;\n(I) Sections 544.0109(b) and (d);\n(J) Section 544.0110;\n(K) Section 544.0113;\n(L) Section 544.0114;\n(M) Section 544.0251;\n(N) Section 544.0252(b);\n(O) Section 544.0254;\n(P) Section 544.0255;\n(Q) Section 544.0257;\n(R) Section 544.0301;\n(S) Section 544.0302;\n(T) Section 544.0303; and\n(U) Section 544.0304;\n(4) the comptroller acting to investigate or collect delinquent sales or franchise taxes;\n(5) a tax assessor-collector acting to investigate or collect delinquent ad valorem taxes;\n(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;\n(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;\n(8) a subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under Section 20.037(b);\n(9) a person who administers a credit file monitoring subscription service to which the consumer has subscribed;\n(10) a person for the purpose of providing a consumer with a copy of the consumer's report on the consumer's request;\n(11) a check service or fraud prevention service company that issues consumer reports:\n(A) to prevent or investigate fraud; or\n(B) for purposes of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment;\n(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\n(13) a consumer reporting agency that:\n(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\n(B) does not maintain a permanent database of credit information from which new consumer reports are produced.\nAdded by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003.\nAmended by:\nActs 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.01, eff. April 1, 2025.","path":["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"],"source_url":"https://statutes.capitol.texas.gov/Docs/BC/htm/BC.20.htm#20.038","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:46:56Z","sha256":"a9fd51cdac3971c87eb3d79219f3bb38ad962dd24b1aa60271e1029f058a3f9e","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-business-commerce-code-20.037","next":"us-tx/tex.-business-commerce-code-20.0385"},"notice":"GroundRules: Original legal text. Not legal advice."}