Texas 2009 - 81st Regular

Texas House Bill HB3539 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7297 DAK-D
2	2	By: Davis of Dallas H.B. No. 3539
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the use of opt-out notices by businesses to
8	8	obtain the consent of consumers to transfer or share their personal
9	9	identifying information.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
12	12	amended by adding Chapter 106 to read as follows:
13	13	CHAPTER 106. CONSENT FOR USE OF CONSUMER'S
14	14	IDENTIFYING INFORMATION
15	15	Sec. 106.001. DEFINITIONS. In this chapter:
16	16	(1) "Consumer" means an individual who seeks to
17	17	acquire or acquires goods or services for personal, family, or
18	18	household purposes.
19	19	(2) "Financial institution" has the meaning assigned
20	20	by Section 201.101, Finance Code.
21	21	(3) "Personal identifying information" means
22	22	information that alone or in conjunction with other information
23	23	identifies an individual, including an individual's:
24	24	(A) name, social security number, date of birth,
25	25	or government-issued identification number;
26	26	(B) mother's maiden name;
27	27	(C) unique biometric data, including the
28	28	individual's fingerprint, voiceprint, and retina or iris image;
29	29	(D) unique electronic identification number,
30	30	address, or routing code; and
31	31	(E) telecommunication access device.
32	32	(4) "Telecommunication access device" has the meaning
33	33	assigned by Section 32.51, Penal Code.
34	34	Sec. 106.002. CONSENT REQUIRED FOR PERSONAL IDENTIFYING
35	35	INFORMATION. A person engaged in business in this state, other than
36	36	a financial institution, may not share or sell or otherwise
37	37	transfer the personal identifying information of a consumer without
38	38	the consumer's consent.
39	39	Sec. 106.003. CONSENT NOT BASED SOLELY ON FAILURE TO
40	40	RESPOND TO OPT-OUT NOTICE. Consent under Section 106.002 may not be
41	41	based solely on the consumer's failure to respond to an opt-out
42	42	notice or other notification sent by the person seeking consent
43	43	that requires a positive response on the part of the consumer to
44	44	deny consent.
45	45	Sec. 106.004. EXCEPTION. This chapter does not apply to
46	46	personal identifying information shared or transferred in
47	47	compliance with:
48	48	(1) procedures established under federal or state law;
49	49	or
50	50	(2) a court order, including a subpoena.
51	51	Sec. 106.005. AGREEMENT NOT ENFORCEABLE. A contract or
52	52	other agreement based on the consent of a consumer that is obtained
53	53	in a manner that violates this chapter is void and unenforceable.
54	54	SECTION 2. Subtitle Z, Title 3, Finance Code, is amended by
55	55	adding Chapter 279 to read as follows:
56	56	CHAPTER 279. CONSENT FOR USE OF CONSUMER'S
57	57	IDENTIFYING INFORMATION
58	58	Sec. 279.001. DEFINITIONS. In this chapter:
59	59	(1) "Consumer" means an individual who seeks to
60	60	acquire or acquires goods or services for personal, family, or
61	61	household purposes.
62	62	(2) "Financial institution" has the meaning assigned
63	63	by Section 201.101.
64	64	(3) "Personal identifying information" means
65	65	information that alone or in conjunction with other information
66	66	identifies an individual, including an individual's:
67	67	(A) name, social security number, date of birth,
68	68	or government-issued identification number;
69	69	(B) mother's maiden name;
70	70	(C) unique biometric data, including the
71	71	individual's fingerprint, voiceprint, and retina or iris image;
72	72	(D) unique electronic identification number,
73	73	address, or routing code; and
74	74	(E) telecommunication access device.
75	75	(4) "Telecommunication access device" has the meaning
76	76	assigned by Section 32.51, Penal Code.
77	77	Sec. 279.002. CONSENT REQUIRED FOR PERSONAL IDENTIFYING
78	78	INFORMATION. A financial institution may not share or sell or
79	79	otherwise transfer the personal identifying information of a
80	80	consumer without the consumer's consent.
81	81	Sec. 279.003. CONSENT NOT BASED SOLELY ON FAILURE TO
82	82	RESPOND TO OPT-OUT NOTICE. Consent under Section 279.002 may not be
83	83	based solely on the consumer's failure to respond to an opt-out
84	84	notice or other notification sent by the financial institution
85	85	seeking consent that requires a positive response on the part of the
86	86	consumer to deny consent.
87	87	Sec. 279.004. EXCEPTION. This chapter does not apply to
88	88	personal identifying information shared or transferred in
89	89	compliance with:
90	90	(1) procedures established under federal or state law;
91	91	or
92	92	(2) a court order, including a subpoena.
93	93	Sec. 279.005. AGREEMENT NOT ENFORCEABLE. A contract or
94	94	other agreement based on the consent of a consumer that is obtained
95	95	in a manner that violates this chapter is void and unenforceable.
96	96	SECTION 3. This Act takes effect September 1, 2009.