Businesses would face a ban on ESG credit scores

The text as introduced · 303 words

89R1980 MLH-D

By: Schofield
H.B. No. 4723

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the use of environmental, social, or

governance scores; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 5, Business & Commerce Code, is

amended by adding Chapter 75 to read as follows:

CHAPTER 75. PROHIBITED USE OF CERTAIN CREDIT SCORES

Sec. 75.0001. DEFINITIONS. In this chapter:

(1) "Credit score" means a number or rating derived

from an algorithm, computer application, model, or other process

that is based on information related to a customer and used to

determine a customer's creditworthiness or credit capacity.

(2) "Environmental, social, or governance score"

means a credit score that is based on measuring a customer's

exposure to long-term environmental, social, and governance risks.

Sec. 75.0002. USE OF CERTAIN CREDIT SCORES PROHIBITED. A

person that conducts business in this state may not assign an

environmental, social, or governance score to an individual or

family that resides in this state.

Sec. 75.0003. CIVIL PENALTY; INJUNCTION. (a) A person that

violates Section 75.0002 is liable to this state for a civil penalty

in an amount not to exceed $1,000 for each individual or family that

resides in this state to whom the person assigns an environmental,

social, or governance score. Each day a violation continues is a

separate violation for purposes of a civil penalty assessment.

(b) The attorney general may bring an action:

(1) to collect a civil penalty imposed under this

section; and

(2) in the name of this state to enjoin a violation of

this chapter.

(c) The attorney general is entitled to recover reasonable

expenses incurred in bringing an action under this section,

including reasonable attorney's fees and court costs.

SECTION 2. This Act takes effect September 1, 2025.