| 1 | 1 | | 82R19576 DAK-D |
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| 2 | 2 | | By: Giddings H.B. No. 3011 |
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| 3 | 3 | | Substitute the following for H.B. No. 3011: |
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| 4 | 4 | | By: Quintanilla C.S.H.B. No. 3011 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to prohibiting the use or retention of zip codes obtained |
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| 10 | 10 | | by businesses in verifying the identity of customers; providing a |
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| 11 | 11 | | civil penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 505.003, Business & Commerce Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 505.003. RETENTION OR USE OF ZIP CODE AFTER |
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| 16 | 16 | | TRANSACTION COMPLETED PROHIBITED; CIVIL PENALTY. (a) A business |
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| 17 | 17 | | that obtains a customer's zip code under Section 505.002 may not, |
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| 18 | 18 | | after the purchase of the good or service has been completed: |
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| 19 | 19 | | (1) retain the zip code in any form; or |
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| 20 | 20 | | (2) use or cause the zip code to be used for any |
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| 21 | 21 | | purpose, without regard to whether the zip code is linked or not |
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| 22 | 22 | | linked to the identity of the customer [after the purchase of the |
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| 23 | 23 | | good or service has been completed]. |
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| 24 | 24 | | (b) A business that violates this section is liable for a |
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| 25 | 25 | | civil penalty in an amount of not less than $500 or more than $1,000 |
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| 26 | 26 | | for each act of violation. |
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| 27 | 27 | | (c) The attorney general or a county or district attorney |
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| 28 | 28 | | may bring an action in the name of the state to recover a civil |
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| 29 | 29 | | penalty under this section. |
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| 30 | 30 | | SECTION 2. Section 505.003, Business & Commerce Code, as |
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| 31 | 31 | | amended by this Act, applies only to a zip code obtained by a |
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| 32 | 32 | | business on or after the effective date of this Act. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2011. |
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