Highlights of the 79th Texas Legislature - Senate

ECONOMIC DEVELOPMENT AND BUSINESS
Consumer Credit Report Information Provided—H.B. 1893
By Representative Eiland—Senate Sponsor: Senator Averitt
The Violent Crime Control and Law Enforcement Act of 1994 makes it a federal crime for an individual who has been
convicted of any criminal felony involving dishonesty or a breach of trust, or who has been convicted of an offense
under that Act, to willfully engage in the business of insurance. This statute also makes it a federal crime for an
individual engaged in the business of insurance to willfully permit the unlawful participation described above by any
other person. As a result, insurance companies and insurance executives must be certain that none of their officers,
directors, employees or agents have been convicted of criminal activity. A primary source used to determine whether
a person has been convicted of such criminal offense is background checks through consumer reporting agencies.
The Business & Commerce Code currently prohibits a consumer reporting agency from providing a consumer report
that discloses “... 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.”
Thus, the insurance company and its officers are prohibited by federal law from employing someone convicted of
certain crimes but are denied the opportunity to discover the existence of those convictions beyond seven years
through the use of consumer reports because of the Texas statute. This bill:
Authorizes a consumer reporting agency to furnish to a person a consumer report that contains information if the
information is needed to avoid a violation of federal law (18 U.S.C. Section 1033).
Texas Certified Retirement Community Program—H.B. 1982
By Representative Blake et al.—Senate Sponsor: Senator Staples
In the United States in 2003, persons age 50 and older comprised over 70 million individuals, most of whom will be
retiring in the next five to 10 years. This market owns 77 percent of privately held financial assets, 80 percent of all
money in United States savings and loan institutions, and controls half of the discretionary spending in the country.
This bill:
Requires the Texas Department of Agriculture (TDA) to establish and maintain a Texas Certified Retirement
Community Program (program) through which retirees and potential retirees are encouraged to make their homes in
Texas communities that have met the criteria for certification by TDA as a Texas certified retirement community.
Requires a community to meet certain criteria to be eligible to be a Texas certified retirement community.
Requires TDA to develop and use a scoring system to determine whether an applicant will qualify as a Texas
certified retirement community.
Requires TDA to provide certain forms of assistance to a community if TDA finds that the community successfully
meets the requirements of a Texas certified retirement community.
Administration of the State Infrastructure Bank—H.B. 2134
By Representative Phillips—Senate Sponsor: Senator Shapleigh
The Texas State Infrastructure Bank (SIB) was capitalized with federal funds that have not been replenished. The
Texas SIB is subscribed with highway projects and subject to limitations of fund dedications. Current law is unclear
about the state's ability to lend SIB funds to local governments. This bill:
52 HIGHLIGHTS - 79 TH TEXAS LEGISLATURE