87R5950 YDB-D
By: Stucky H.B. No. 1833
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the sale by a state agency of
information that identifies an individual.
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. RESTRICTIONS ON SALE BY STATE AGENCY OF CERTAIN
INDIVIDUAL-IDENTIFYING INFORMATION
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 that is created by the constitution or a statute
of this state. The term includes a university system or an
institution of higher education as defined by Section 61.003,
Education Code.
Sec. 2062.002. APPLICABILITY. This chapter does not apply
to the release of public information under Chapter 552 or to any
charge for providing copies of public information under that
chapter.
Sec. 2062.003. PROHIBITED SALES. (a) Subject to
Subsection (b), a state agency may not sell to any person
information that alone or in conjunction with other information
identifies an individual, including information obtained for:
(1) a driver's license, personal identification
certificate, motor vehicle registration, or any other license,
certification, or registration issued to an individual by a state
agency; or
(2) an application for a license, certificate, or
registration described in Subdivision (1).
(b) A state agency may sell information described by
Subsection (a) in accordance with federal and other state law to a
person only if the person certifies in writing that the person will
not sell the information to another person.
Sec. 2062.004. INJUNCTIVE RELIEF. (a) The attorney
general may institute an action for injunctive relief against a
person who appears to be in violation of or is threatening to
violate this chapter.
(b) In an injunction issued under this section, a court may
include reasonable requirements to prevent further violations of
this chapter.
(c) The attorney general shall file an action under this
section in a district court in Travis County or the county in which
the violation occurred.
(d) The attorney general may recover reasonable expenses
incurred in obtaining injunctive relief under this section,
including court costs, attorney's fees, investigative costs,
witness fees, and deposition expenses.
Sec. 2062.005. WAIVER OF SOVEREIGN IMMUNITY. Sovereign
immunity of a state agency to suit and from liability is waived and
abolished to the extent of liability created by this chapter.
SECTION 2. Chapter 2062, Government Code, as added by this
Act, applies only to information sold by a state agency to another
person on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.