84R10704 YDB-D
By: Laubenberg H.B. No. 3443
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on and destruction of unauthorized
individual information collected or maintained by a state agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 10, Government Code, is
amended by adding Chapter 2062 to read as follows:
CHAPTER 2062. STATE AGENCY COLLECTION AND MAINTENANCE OF
INFORMATION ON INDIVIDUALS
Sec. 2062.001. DEFINITION. In this chapter, "state agency"
means a department, commission, board, office, council, authority,
or other agency in the executive, legislative, or judicial branch
of state government, including a university system or institution
of higher education as defined by Section 61.003, Education Code,
that is created by the constitution or a statute of this state.
Sec. 2062.002. COLLECTION AND MAINTENANCE OF UNAUTHORIZED
INDIVIDUAL INFORMATION PROHIBITED; DESTRUCTION REQUIRED. (a) A
state agency may not collect or maintain in any form information
that alone or in conjunction with other information identifies an
individual unless the agency has specific statutory authority for
the collection or maintenance of the information.
(b) A state agency shall destroy or arrange for the
destruction of all information that alone or in conjunction with
other information identifies an individual and that was collected
or is maintained by the agency without specific statutory authority
or with specific statutory authority that no longer applies.
(c) A state agency shall destroy or arrange for the
destruction of information described by Subsection (b) by:
(1) shredding;
(2) erasing; or
(3) otherwise modifying the sensitive information in
the records to make the information unreadable or indecipherable
through any means.
SECTION 2. Chapter 2062, Government Code, as added by this
Act, applies to information that is collected by a state agency
before, on, or after the effective date of this Act or is maintained
by a state agency on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2015.