84R10334 DDT-D By: Springer H.B. No. 3199 A BILL TO BE ENTITLED AN ACT relating to the use of public information for marketing purposes; creating a civil penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 16, Business & Commerce Code, is amended by adding Chapter 762 to read as follows: CHAPTER 762. USE OF PUBLIC INFORMATION FOR MARKETING PURPOSE Sec. 762.001. USE OF PUBLIC INFORMATION FOR MARKETING PURPOSE PROHIBITED. A person may not use information received in response to a request for public information under Chapter 552, Government Code, for marketing purposes. Sec. 762.002. CIVIL PENALTY. (a) A person who violates this chapter is liable to the state for a civil penalty in an amount not to exceed $50 for each violation of this chapter. (b) The attorney general or appropriate prosecuting attorney may file suit to collect a civil penalty under this section. (c) The attorney general may bring an action in the name of the state to restrain or enjoin a violation or threatened violation of this chapter. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.