Texas 2021 - 87th Regular

Texas House Bill HB3471 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8320 JXC-F
2	2	By: King of Parker H.B. No. 3471
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas Consumer Privacy Act Phase I; creating
8	8	criminal offenses; increasing the punishment for an existing
9	9	criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the Texas Consumer
12	12	Privacy Act Phase I.
13	13	SECTION 2. Section 521.0475(a), Transportation Code, is
14	14	amended to read as follows:
15	15	(a) Except as provided by Subsection (b), the department
16	16	shall provide a certified abstract of a complete driving record of a
17	17	license holder, for a fee of $20, to the license holder or a person
18	18	eligible to receive the information under Sections
19	19	730.007(a)(2)(A), (B), and (E) [Sections 730.007(a)(2)(A), (D),
20	20	and (I)].
21	21	SECTION 3. Section 730.003, Transportation Code, is amended
22	22	by adding Subdivision (1-a) and amending Subdivision (6) to read as
23	23	follows:
24	24	(1-a) "Authorized recipient" means a person who
25	25	receives personal information directly from an agency in a manner
26	26	authorized by this chapter.
27	27	(6) "Personal information" means information that
28	28	identifies a person, including an individual's photograph or
29	29	computerized image, social security number, date of birth, [driver]
30	30	identification number, name, address, e-mail address [but not the
31	31	zip code], telephone number, and medical or disability information.
32	32	The term does not include:
33	33	(A) information on vehicle accidents, driving or
34	34	equipment-related violations, or driver's license or registration
35	35	status; or
36	36	(B) information contained in an accident report
37	37	prepared under:
38	38	(i) Chapter 550; or
39	39	(ii) former Section 601.004 before
40	40	September 1, 2017.
41	41	SECTION 4. Section 730.006, Transportation Code, is amended
42	42	to read as follows:
43	43	Sec. 730.006. REQUIRED DISCLOSURE WITH CONSENT. Personal
44	44	information obtained by an agency in connection with a motor
45	45	vehicle record shall be disclosed to a requestor who:
46	46	(1) is the subject of the information; or
47	47	(2) demonstrates, in such form and manner as the
48	48	agency requires, that the requestor has obtained the written
49	49	consent of the person who is the subject of the information.
50	50	SECTION 5. The heading to Section 730.007, Transportation
51	51	Code, is amended to read as follows:
52	52	Sec. 730.007. PERMITTED DISCLOSURES OF CERTAIN PERSONAL
53	53	INFORMATION.
54	54	SECTION 6. Sections 730.007(a) and (c), Transportation
55	55	Code, are amended to read as follows:
56	56	(a) Personal information obtained by an agency in
57	57	connection with a motor vehicle record may be disclosed to any
58	58	requestor by an agency if the requestor:
59	59	(1) provides the requestor's name and address and any
60	60	proof of that information required by the agency; and
61	61	(2) represents that the use of the personal
62	62	information will be strictly limited to:
63	63	(A) use by the Texas Department of Motor
64	64	Vehicles, the Department of Public Safety, the Texas Department of
65	65	Transportation, a [:
66	66	[(i) a government agency, including any]
67	67	court, or a law enforcement agency, in carrying out its functions;
68	68	[or
69	69	[(ii) a private person or entity acting on
70	70	behalf of a government agency in carrying out the functions of the
71	71	agency;]
72	72	(B) [use in connection with a matter of:
73	73	[(i) motor vehicle or motor vehicle
74	74	operator safety;
75	75	[(ii) motor vehicle theft;
76	76	[(iii) motor vehicle product alterations,
77	77	recalls, or advisories;
78	78	[(iv) performance monitoring of motor
79	79	vehicles, motor vehicle parts, or motor vehicle dealers;
80	80	[(v) motor vehicle market research
81	81	activities, including survey research; or
82	82	[(vi) removal of nonowner records from the
83	83	original owner records of motor vehicle manufacturers;
84	84	[(C) use in the normal course of business by a
85	85	legitimate business or an authorized agent of the business, but
86	86	only:
87	87	[(i) to verify the accuracy of personal
88	88	information submitted by the individual to the business or the
89	89	agent of the business; and
90	90	[(ii) if the information is not correct, to
91	91	obtain the correct information, for the sole purpose of preventing
92	92	fraud by, pursuing a legal remedy against, or recovering on a debt
93	93	or security interest against the individual;
94	94	[(D)] use in conjunction with a civil, criminal,
95	95	administrative, or arbitral proceeding in any court or government
96	96	agency or before any self-regulatory body, including service of
97	97	process, investigation in anticipation of litigation, execution or
98	98	enforcement of a judgment or order, or under an order of any court;
99	99	(C) [(E)] use in research or in producing
100	100	statistical reports, but only if the personal information is not
101	101	published, redisclosed, or used to contact any individual;
102	102	(D) [(F) use by an insurer or insurance support
103	103	organization, or by a self-insured entity, or an authorized agent
104	104	of the entity, in connection with claims investigation activities,
105	105	antifraud activities, rating, or underwriting;
106	106	[(G)] use in providing notice to an owner of a
107	107	vehicle that was towed or impounded and is in the possession of the
108	108	requestor [vehicle];
109	109	(E) [(H) use by a licensed private investigator
110	110	agency or licensed security service for a purpose permitted under
111	111	this section;
112	112	[(I)] use by an employer or an agent or insurer of
113	113	the employer to obtain or verify information relating to a holder of
114	114	a commercial driver's license that is required under 49 U.S.C.
115	115	Chapter 313;
116	116	(F) [(J)] use in connection with the operation of
117	117	a private toll transportation facility; or
118	118	(G) [(K)] use by a consumer reporting agency, as
119	119	defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et
120	120	seq.), for a purpose permitted under that Act[; or
121	121	[(L) use for any other purpose specifically
122	122	authorized by law that relates to the operation of a motor vehicle
123	123	or to public safety].
124	124	(c) This section does not:
125	125	(1) prohibit the disclosure of a person's photographic
126	126	image to:
127	127	(A) a law enforcement agency, the Texas
128	128	Department of Motor Vehicles, [a county tax assessor-collector,] or
129	129	a criminal justice agency for an official purpose;
130	130	(B) an agency of this state investigating an
131	131	alleged violation of a state or federal law relating to the
132	132	obtaining, selling, or purchasing of a benefit authorized by
133	133	Chapter 31 or 33, Human Resources Code; or
134	134	(C) an agency of this state investigating an
135	135	alleged violation of a state or federal law under authority
136	136	provided by Title 4, Labor Code; or
137	137	(2) prevent a court from compelling by subpoena the
138	138	production of a person's photographic image.
139	139	SECTION 7. Chapter 730, Transportation Code, is amended by
140	140	adding Sections 730.0121, 730.0122, and 730.0123 to read as
141	141	follows:
142	142	Sec. 730.0121. DELETION OF INFORMATION REQUIRED IF NOT
143	143	AUTHORIZED RECIPIENT. An agency by rule shall require a requestor
144	144	to delete from the requestor's records personal information
145	145	received from the agency under this chapter if the requestor
146	146	becomes aware that the requestor is not an authorized recipient of
147	147	that information.
148	148	Sec. 730.0122. SALE PROHIBITED. (a) A person may not sell
149	149	personal information obtained by an agency in connection with a
150	150	motor vehicle record.
151	151	(b) A person commits an offense if the person violates
152	152	Subsection (a). An offense under this subsection is a misdemeanor
153	153	punishable by a fine not to exceed $100,000.
154	154	Sec. 730.0123. CIVIL SUIT. (a) A person who sells personal
155	155	information obtained by an agency in connection with a motor
156	156	vehicle record is liable to the person who is the subject of the
157	157	information for:
158	158	(1) actual damages;
159	159	(2) if the actual damages to the person are less than
160	160	$2,500, an additional amount so that the total amount of damages
161	161	equals $2,500; and
162	162	(3) court costs and reasonable attorney's fees
163	163	incurred by the person who is the subject of the information in
164	164	bringing the action.
165	165	(b) A person whose personal information has been sold in
166	166	violation of this section may sue for:
167	167	(1) the damages, costs, and fees authorized under
168	168	Subsection (a);
169	169	(2) injunctive relief; and
170	170	(3) any other equitable remedy determined to be
171	171	appropriate by the court.
172	172	(c) A district court has exclusive original jurisdiction
173	173	over a cause of action brought under this section.
174	174	SECTION 8. Section 730.013, Transportation Code, is amended
175	175	to read as follows:
176	176	Sec. 730.013. [RESALE OR] REDISCLOSURE; OFFENSE. (a) An
177	177	authorized recipient of personal information may not [resell or]
178	178	redisclose the personal information in the identical or a
179	179	substantially identical format the personal information was
180	180	disclosed to the recipient by the applicable agency.
181	181	(b) An authorized recipient of personal information may
182	182	[resell or] redisclose the information only for a use permitted
183	183	under Section 730.007.
184	184	(c) An [Any] authorized recipient who [resells or]
185	185	rediscloses personal information obtained from an agency shall be
186	186	required by that agency to:
187	187	(1) maintain for a period of not less than five years
188	188	records as to any person or entity receiving that information and
189	189	the permitted use for which it was obtained; and
190	190	(2) provide copies of those records to the agency on
191	191	request.
192	192	(c-1) A person who receives personal information from an
193	193	authorized recipient may not redisclose the personal information.
194	194	(c-2) An authorized recipient shall notify each person who
195	195	receives personal information from the authorized recipient that
196	196	the person may not redisclose the personal information.
197	197	(d) A person commits an offense if the person violates this
198	198	section. An offense under this subsection is a misdemeanor
199	199	punishable by a fine not to exceed $100,000 per record of personal
200	200	information that is a subject of the violation [$25,000].
201	201	SECTION 9. The heading to Section 730.016, Transportation
202	202	Code, is amended to read as follows:
203	203	Sec. 730.016. INELIGIBILITY OF CERTAIN PERSONS TO RECEIVE,
204	204	RETAIN, OR REDISCLOSE PERSONAL INFORMATION; OFFENSE.
205	205	SECTION 10. Section 730.016, Transportation Code, is
206	206	amended by amending Subsection (a) and adding Subsection (c) to
207	207	read as follows:
208	208	(a) A person who is convicted of an offense under this
209	209	chapter, or who violates a rule adopted by an agency relating to the
210	210	terms or conditions for a release of personal information to the
211	211	person:
212	212	(1)[,] is ineligible to receive personal information
213	213	under Section 730.007;
214	214	(2) not later than one year after the date of
215	215	conviction or of the agency's final determination of a rule
216	216	violation, shall delete from the person's records all personal
217	217	information received under this chapter; and
218	218	(3) may not redisclose personal information received
219	219	under this chapter.
220	220	(c) A person commits an offense if the person violates this
221	221	section. An offense under this subsection is a misdemeanor
222	222	punishable by a fine not to exceed $100,000 per record of personal
223	223	information that is a subject of the violation.
224	224	SECTION 11. The changes in law made by this Act apply only
225	225	to an offense committed on or after the effective date of this Act.
226	226	An offense committed before the effective date of this Act is
227	227	governed by the law in effect on the date the offense was committed,
228	228	and the former law is continued in effect for that purpose. For
229	229	purposes of this section, an offense was committed before the
230	230	effective date of this Act if any element of the offense occurred
231	231	before that date.
232	232	SECTION 12. (a) Section 730.0121, Transportation Code, as
233	233	added by this Act, applies to a person who received personal
234	234	information under Chapter 730, Transportation Code, before the
235	235	effective date of this Act, and is not an authorized recipient of
236	236	that personal information under Chapter 730, Transportation Code,
237	237	as amended by this Act.
238	238	(b) Notwithstanding Subsection (a) of this section, an
239	239	agency to which Section 730.0121, Transportation Code, as added by
240	240	this Act, applies may not require a person who received personal
241	241	information from the agency before the effective date of this Act
242	242	and is not an authorized recipient, as defined by Section
243	243	730.003(1-a), Transportation Code, as added by this Act, of that
244	244	information to delete the information before the first anniversary
245	245	of the effective date of this Act.
246	246	SECTION 13. This Act takes effect immediately if it
247	247	receives a vote of two-thirds of all the members elected to each
248	248	house, as provided by Section 39, Article III, Texas Constitution.
249	249	If this Act does not receive the vote necessary for immediate
250	250	effect, this Act takes effect September 1, 2021.