A security freeze does not apply in listed cases where a consumer report is provided to specified government bodies, service companies, account-related parties, or certain consumer reporting agencies.
Sec. 20.038. EXEMPTION FROM SECURITY FREEZE. A security freeze does not apply to a consumer report provided to: (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, 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; (B) Section 544.0101; (C) Section 544.0102; (D) Section 544.0103; (E) Section 544.0104; (F) Section 544.0105; (G) Section 544.0106; (H) Section 544.0108; (I) Sections 544.0109(b) and (d); (J) Section 544.0110; (K) Section 544.0113; (L) Section 544.0114; (M) Section 544.0251; (N) Section 544.0252(b); (O) Section 544.0254; (P) Section 544.0255; (Q) Section 544.0257; (R) Section 544.0301; (S) Section 544.0302; (T) Section 544.0303; and (U) Section 544.0304; (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. Added by Acts 2003, 78th Leg., ch. 1326, Sec. 3, eff. Sept. 1, 2003. Amended by: Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.01, eff. April 1, 2025.