| 1 | 1 | | 84R9718 JSC-D |
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| 2 | 2 | | By: Kolkhorst S.B. No. 1209 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the privacy of certain personal information held by |
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| 8 | 8 | | health and human services agencies. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 531, Government Code, is amended by |
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| 11 | 11 | | adding Subchapter V-1 to read as follows: |
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| 12 | 12 | | SUBCHAPTER V-1. PRIVACY OF PERSONAL INFORMATION |
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| 13 | 13 | | Sec. 531.931. DEFINITION. In this subchapter, "personal |
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| 14 | 14 | | information" includes: |
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| 15 | 15 | | (1) information that alone or in conjunction with |
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| 16 | 16 | | other information identifies an individual, including an |
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| 17 | 17 | | individual's: |
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| 18 | 18 | | (A) name, social security number, date of birth, |
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| 19 | 19 | | or government-issued identification number; |
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| 20 | 20 | | (B) mother's maiden name; |
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| 21 | 21 | | (C) unique biometric data, including the |
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| 22 | 22 | | individual's fingerprint, voice print, and retina or iris image; |
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| 23 | 23 | | (D) unique electronic identification number, |
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| 24 | 24 | | address, or routing code; |
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| 25 | 25 | | (E) telecommunication access device as defined |
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| 26 | 26 | | by Section 32.51, Penal Code; and |
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| 27 | 27 | | (F) financial institution account number or |
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| 28 | 28 | | credit or debit card number; and |
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| 29 | 29 | | (2) information that relates to: |
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| 30 | 30 | | (A) the physical or mental health or condition of |
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| 31 | 31 | | an individual; |
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| 32 | 32 | | (B) the provision of health care to an |
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| 33 | 33 | | individual; or |
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| 34 | 34 | | (C) payment for the provision of health care to |
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| 35 | 35 | | an individual. |
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| 36 | 36 | | Sec. 531.932. SALE OF PERSONAL INFORMATION. (a) A health |
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| 37 | 37 | | and human services agency may not sell personal information to any |
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| 38 | 38 | | person unless the agency obtains the consent of the individual who |
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| 39 | 39 | | is the subject of the information. |
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| 40 | 40 | | (b) An agency may not require an individual to consent to |
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| 41 | 41 | | the sale of personal information as a condition of receiving |
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| 42 | 42 | | services from the agency. |
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| 43 | 43 | | Sec. 531.933. PURCHASE OF PERSONAL INFORMATION; PUBLIC |
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| 44 | 44 | | INFORMATION. The name of a person that purchases personal |
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| 45 | 45 | | information from a health and human services agency is public |
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| 46 | 46 | | information subject to disclosure under Chapter 552. |
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| 47 | 47 | | Sec. 531.934. RESALE PROHIBITED. (a) A person who |
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| 48 | 48 | | purchases personal information from a health and human services |
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| 49 | 49 | | agency may not resell the information. |
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| 50 | 50 | | (b) A person who the executive commissioner finds has |
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| 51 | 51 | | violated this section is prohibited from purchasing personal |
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| 52 | 52 | | information from any health and human services agency until on or |
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| 53 | 53 | | after the second anniversary of the violation. |
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| 54 | 54 | | SECTION 2. This Act takes effect September 1, 2015. |
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