Bill: HB 1575, 83(R) - 2013

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Neutral Neutral Neutral Neutral Neutral Neutral

Author(s)

Bill Zedler

Bill Caption

Relating to the effect on a credit report of certain transactions by a person's spouse pending a divorce decree.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

Summary: Section 6.707 (a), of the family code, essentially holds that a debt incurred by a spouse during a divorce that subjects the other spouse to liability is void if it was made with an intent to “injure the rights of the other spouse.” HB 1575 would forbid a consumer reporting agency from including such a debt in a consumer report if the consumer shows a court order finding that such a transaction violated Section 6.707 (a).

Analysis: HB 1575 imposes a regulation upon consumer reporting agencies. We don’t believe government should be able to mandate how consumer reporting agencies construct their credit reports. However, the process for appealing to a consumer reporting agency is extremely difficult, given that there is hardly a competitive marketplace for consumer reports, making these agencies largely unresponsive to appeals. This is a problem for anyone with a legitimate appeal, particularly for people that have had debts vindictively run up in their name by a spouse during a divorce proceeding.   Due to these concerns with HB 1575 and the difficulty spouses face in appealing these consumer reporting agencies, TPPA is neutral on HB 1575.


Source URL (retrieved on 04/19/2024 09:04 AM): http://reports.texasaction.com/bill/83r/hb1575?print_view=true