| 1 | 1 | | 84R25596 YDB-D |
|---|
| 2 | 2 | | By: Laubenberg H.B. No. 3443 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 3443: |
|---|
| 4 | 4 | | By: Elkins C.S.H.B. No. 3443 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to a written policy of certain state agencies on the |
|---|
| 10 | 10 | | collection and possible sale of an individual's personal |
|---|
| 11 | 11 | | information. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Subtitle B, Title 10, Government Code, is |
|---|
| 14 | 14 | | amended by adding Chapter 2062 to read as follows: |
|---|
| 15 | 15 | | CHAPTER 2062. STATE AGENCY POLICY ON COLLECTION AND SALE OF |
|---|
| 16 | 16 | | PERSONAL INFORMATION |
|---|
| 17 | 17 | | Sec. 2062.001. DEFINITION. In this chapter, "state agency" |
|---|
| 18 | 18 | | means a department, commission, board, office, council, authority, |
|---|
| 19 | 19 | | or other agency in the executive, legislative, or judicial branch |
|---|
| 20 | 20 | | of state government, including a university system or institution |
|---|
| 21 | 21 | | of higher education as defined by Section 61.003, Education Code, |
|---|
| 22 | 22 | | that is created by the constitution or a statute of this state. |
|---|
| 23 | 23 | | Sec. 2062.002. POLICY REQUIRED. Each state agency that |
|---|
| 24 | 24 | | sells or offers to sell to a person information, including |
|---|
| 25 | 25 | | information considered public information under Chapter 552, that |
|---|
| 26 | 26 | | is collected by the agency and that alone or in conjunction with |
|---|
| 27 | 27 | | other information identifies an individual shall: |
|---|
| 28 | 28 | | (1) adopt a written policy on the collection and |
|---|
| 29 | 29 | | possible sale of the information to another person; and |
|---|
| 30 | 30 | | (2) make a copy of the policy available on request. |
|---|
| 31 | 31 | | Sec. 2062.003. POSTING OF POLICY REQUIRED. A state agency |
|---|
| 32 | 32 | | that adopts a policy under Section 2062.002 shall post on the |
|---|
| 33 | 33 | | agency's Internet website the policy and the following statement: |
|---|
| 34 | 34 | | "Personal information collected by (name of agency) is for agency |
|---|
| 35 | 35 | | use and may also be sold to interested persons." |
|---|
| 36 | 36 | | SECTION 2. Not later than December 31, 2015, each state |
|---|
| 37 | 37 | | agency subject to Section 2062.002, Government Code, as added by |
|---|
| 38 | 38 | | this Act, shall adopt the written policy required by that section. |
|---|
| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|