82R8875 DAK-D
By: Giddings H.B. No. 3011
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the use or retention of zip codes obtained
by businesses in verifying the identity of customers; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 505.003, Business & Commerce Code, is
amended to read as follows:
Sec. 505.003. RETENTION OR USE OF ZIP CODE AFTER
TRANSACTION COMPLETED PROHIBITED; CIVIL PENALTY AND INJUNCTIVE
RELIEF. (a) A business that obtains a customer's zip code under
Section 505.002 may not, after the purchase of the good or service
has been completed:
(1) retain the zip code in any form; or
(2) use or cause the zip code to be used for any
purpose, without regard to whether the zip code is linked or not
linked to the identity of the customer [after the purchase of the
good or service has been completed].
(b) A business that violates this section is liable for a
civil penalty in an amount of not less than $500 or more than $1,000
for each act of violation.
(c) A person injured or threatened with injury by a
violation of this section may seek injunctive relief against the
business committing or threatening to commit the violation.
(d) A person injured or threatened with injury by a
violation of this section includes a person whose zip code is
retained or used for any purpose by a business in violation of this
section.
(e) The attorney general or a county or district attorney
may bring an action in the name of the state for a civil penalty,
injunctive relief, or both under this section.
SECTION 2. Section 505.003, Business & Commerce Code, as
amended by this Act, applies only to a zip code obtained by a
business on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2011.