84R9718 JSC-D
By: Kolkhorst S.B. No. 1209
A BILL TO BE ENTITLED
AN ACT
relating to the privacy of certain personal information held by
health and human services agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter V-1 to read as follows:
SUBCHAPTER V-1. PRIVACY OF PERSONAL INFORMATION
Sec. 531.931. DEFINITION. In this subchapter, "personal
information" includes:
(1) information that alone or in conjunction with
other information identifies an individual, including an
individual's:
(A) name, social security number, date of birth,
or government-issued identification number;
(B) mother's maiden name;
(C) unique biometric data, including the
individual's fingerprint, voice print, and retina or iris image;
(D) unique electronic identification number,
address, or routing code;
(E) telecommunication access device as defined
by Section 32.51, Penal Code; and
(F) financial institution account number or
credit or debit card number; and
(2) information that relates to:
(A) the physical or mental health or condition of
an individual;
(B) the provision of health care to an
individual; or
(C) payment for the provision of health care to
an individual.
Sec. 531.932. SALE OF PERSONAL INFORMATION. (a) A health
and human services agency may not sell personal information to any
person unless the agency obtains the consent of the individual who
is the subject of the information.
(b) An agency may not require an individual to consent to
the sale of personal information as a condition of receiving
services from the agency.
Sec. 531.933. PURCHASE OF PERSONAL INFORMATION; PUBLIC
INFORMATION. The name of a person that purchases personal
information from a health and human services agency is public
information subject to disclosure under Chapter 552.
Sec. 531.934. RESALE PROHIBITED. (a) A person who
purchases personal information from a health and human services
agency may not resell the information.
(b) A person who the executive commissioner finds has
violated this section is prohibited from purchasing personal
information from any health and human services agency until on or
after the second anniversary of the violation.
SECTION 2. This Act takes effect September 1, 2015.