Texas House Bill HB3529

Texas 2021 - 87th Regular

Caption

Relating to consent for the use or possession of personal identifying information under the Identity Theft Enforcement and Protection Act.

Impact

The implementation of HB 3529 will significantly affect state laws pertaining to identity theft and the usage of personal information. By reinforcing the requirements for obtaining consent, the bill helps to prevent unauthorized transactions made in someone's name, thereby aiming to reduce instances of identity theft. This enhancement of legal standards aligns with ongoing efforts to improve consumer protections in Texas. The bill articulates that effective consent may also include consent granted by legally authorized representatives, which further broadens the scope of consent acquisition.

Summary

House Bill 3529 aims to enhance protections surrounding personal identifying information by modifying the requirements for consent under the Identity Theft Enforcement and Protection Act. The bill amends Section 521.051 of the Business & Commerce Code, specifying that a person may not obtain, possess, transfer, or use another individual's personal identifying information without that individual's effective consent. The addition of clearer definitions regarding consent ensures that consent obtained through coercion or from individuals incapable of giving reasonable consent is not considered valid.

Sentiment

The sentiment surrounding HB 3529 is predominantly positive, as it is seen as a necessary step towards strengthening the framework for personal information protection. Lawmakers across party lines have expressed support for the bill, uniquely positioning it in a collaborative light. The unanimous support in both the House and the Senate underscores a collective acknowledgment of the growing concerns over identity theft and the importance of consumer protection legislation.

Contention

While the bill received overwhelming support, potential points of contention may arise regarding the interpretations of 'effective consent' and the responsibilities it places on businesses. Critics may argue that the definitions provided could lead to confusion or misinterpretation by entities required to comply with the new regulations. Further, there may be concerns over the impacts on businesses' operational processes, particularly small businesses that handle personal information but may find the new standards challenging to implement.