| 1 | 1 | | 87R5950 YDB-D |
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| 2 | 2 | | By: Stucky H.B. No. 1833 |
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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 restrictions on the sale by a state agency of |
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| 8 | 8 | | information that identifies an individual. |
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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. Subtitle B, Title 10, Government Code, is |
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| 11 | 11 | | amended by adding Chapter 2062 to read as follows: |
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| 12 | 12 | | CHAPTER 2062. RESTRICTIONS ON SALE BY STATE AGENCY OF CERTAIN |
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| 13 | 13 | | INDIVIDUAL-IDENTIFYING INFORMATION |
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| 14 | 14 | | Sec. 2062.001. DEFINITION. In this chapter, "state agency" |
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| 15 | 15 | | means a department, commission, board, office, council, authority, |
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| 16 | 16 | | or other agency in the executive, legislative, or judicial branch |
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| 17 | 17 | | of state government that is created by the constitution or a statute |
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| 18 | 18 | | of this state. The term includes a university system or an |
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| 19 | 19 | | institution of higher education as defined by Section 61.003, |
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| 20 | 20 | | Education Code. |
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| 21 | 21 | | Sec. 2062.002. APPLICABILITY. This chapter does not apply |
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| 22 | 22 | | to the release of public information under Chapter 552 or to any |
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| 23 | 23 | | charge for providing copies of public information under that |
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| 24 | 24 | | chapter. |
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| 25 | 25 | | Sec. 2062.003. PROHIBITED SALES. (a) Subject to |
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| 26 | 26 | | Subsection (b), a state agency may not sell to any person |
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| 27 | 27 | | information that alone or in conjunction with other information |
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| 28 | 28 | | identifies an individual, including information obtained for: |
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| 29 | 29 | | (1) a driver's license, personal identification |
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| 30 | 30 | | certificate, motor vehicle registration, or any other license, |
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| 31 | 31 | | certification, or registration issued to an individual by a state |
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| 32 | 32 | | agency; or |
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| 33 | 33 | | (2) an application for a license, certificate, or |
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| 34 | 34 | | registration described in Subdivision (1). |
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| 35 | 35 | | (b) A state agency may sell information described by |
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| 36 | 36 | | Subsection (a) in accordance with federal and other state law to a |
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| 37 | 37 | | person only if the person certifies in writing that the person will |
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| 38 | 38 | | not sell the information to another person. |
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| 39 | 39 | | Sec. 2062.004. INJUNCTIVE RELIEF. (a) The attorney |
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| 40 | 40 | | general may institute an action for injunctive relief against a |
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| 41 | 41 | | person who appears to be in violation of or is threatening to |
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| 42 | 42 | | violate this chapter. |
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| 43 | 43 | | (b) In an injunction issued under this section, a court may |
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| 44 | 44 | | include reasonable requirements to prevent further violations of |
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| 45 | 45 | | this chapter. |
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| 46 | 46 | | (c) The attorney general shall file an action under this |
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| 47 | 47 | | section in a district court in Travis County or the county in which |
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| 48 | 48 | | the violation occurred. |
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| 49 | 49 | | (d) The attorney general may recover reasonable expenses |
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| 50 | 50 | | incurred in obtaining injunctive relief under this section, |
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| 51 | 51 | | including court costs, attorney's fees, investigative costs, |
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| 52 | 52 | | witness fees, and deposition expenses. |
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| 53 | 53 | | Sec. 2062.005. WAIVER OF SOVEREIGN IMMUNITY. Sovereign |
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| 54 | 54 | | immunity of a state agency to suit and from liability is waived and |
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| 55 | 55 | | abolished to the extent of liability created by this chapter. |
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| 56 | 56 | | SECTION 2. Chapter 2062, Government Code, as added by this |
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| 57 | 57 | | Act, applies only to information sold by a state agency to another |
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| 58 | 58 | | person on or after the effective date of this Act. |
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| 59 | 59 | | SECTION 3. This Act takes effect September 1, 2021. |
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