87R4650 JES-F
By: Meyer H.B. No. 3529
A BILL TO BE ENTITLED
AN ACT
relating to consent for the use or possession of personal
identifying information under the Identity Theft Enforcement and
Protection Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.051, Business & Commerce Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) A person may not obtain, possess, transfer, or use
personal identifying information of another person without the
other person's consent or effective consent and with intent to
obtain a good, a service, insurance, an extension of credit, or any
other thing of value in the other person's name.
(a-1) For purposes of this section, "effective consent"
includes consent given by a person legally authorized to act on
behalf of the person from whom consent is required. Consent is not
effective if:
(1) induced by force, threat, fraud, or coercion; or
(2) given by a person who by reason of youth, mental
illness, or intellectual disability is known by the actor to be
unable to make reasonable decisions.
SECTION 2. Section 521.051, Business & Commerce Code, as
amended by this Act, applies only to a violation that occurs on or
after the effective date of this Act. A violation occurs before the
effective date of this Act if any element of the violation occurs
before that date. A violation that occurs before the effective date
of this Act is governed by the law in effect on the date the
violation occurred, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2021.