| 1 | | - | H.B. No. 3529 |
|---|
| 1 | + | By: Meyer (Senate Sponsor - Zaffirini) H.B. No. 3529 |
|---|
| 2 | + | (In the Senate - Received from the House April 27, 2021; |
|---|
| 3 | + | May 3, 2021, read first time and referred to Committee on Business & |
|---|
| 4 | + | Commerce; May 10, 2021, reported favorably by the following vote: |
|---|
| 5 | + | Yeas 7, Nays 0; May 10, 2021, sent to printer.) |
|---|
| 6 | + | Click here to see the committee vote |
|---|
| 4 | 10 | | AN ACT |
|---|
| 5 | 11 | | relating to consent for the use or possession of personal |
|---|
| 6 | 12 | | identifying information under the Identity Theft Enforcement and |
|---|
| 7 | 13 | | Protection Act. |
|---|
| 8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 15 | | SECTION 1. Section 521.051, Business & Commerce Code, is |
|---|
| 10 | 16 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
|---|
| 11 | 17 | | read as follows: |
|---|
| 12 | 18 | | (a) A person may not obtain, possess, transfer, or use |
|---|
| 13 | 19 | | personal identifying information of another person without the |
|---|
| 14 | 20 | | other person's consent or effective consent and with intent to |
|---|
| 15 | 21 | | obtain a good, a service, insurance, an extension of credit, or any |
|---|
| 16 | 22 | | other thing of value in the other person's name. |
|---|
| 17 | 23 | | (a-1) For purposes of this section, "effective consent" |
|---|
| 18 | 24 | | includes consent given by a person legally authorized to act on |
|---|
| 19 | 25 | | behalf of the person from whom consent is required. Consent is not |
|---|
| 20 | 26 | | effective if: |
|---|
| 21 | 27 | | (1) induced by force, threat, fraud, or coercion; or |
|---|
| 22 | 28 | | (2) given by a person who by reason of youth, mental |
|---|
| 23 | 29 | | illness, or intellectual disability is known by the actor to be |
|---|
| 24 | 30 | | unable to make reasonable decisions. |
|---|
| 25 | 31 | | SECTION 2. Section 521.051, Business & Commerce Code, as |
|---|
| 26 | 32 | | amended by this Act, applies only to a violation that occurs on or |
|---|
| 27 | 33 | | after the effective date of this Act. A violation occurs before the |
|---|
| 28 | 34 | | effective date of this Act if any element of the violation occurs |
|---|
| 29 | 35 | | before that date. A violation that occurs before the effective date |
|---|
| 30 | 36 | | of this Act is governed by the law in effect on the date the |
|---|
| 31 | 37 | | violation occurred, and the former law is continued in effect for |
|---|
| 32 | 38 | | that purpose. |
|---|
| 33 | 39 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|
| 34 | | - | ______________________________ ______________________________ |
|---|
| 35 | | - | President of the Senate Speaker of the House |
|---|
| 36 | | - | I certify that H.B. No. 3529 was passed by the House on April |
|---|
| 37 | | - | 27, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not |
|---|
| 38 | | - | voting. |
|---|
| 39 | | - | ______________________________ |
|---|
| 40 | | - | Chief Clerk of the House |
|---|
| 41 | | - | I certify that H.B. No. 3529 was passed by the Senate on May |
|---|
| 42 | | - | 13, 2021, by the following vote: Yeas 30, Nays 0. |
|---|
| 43 | | - | ______________________________ |
|---|
| 44 | | - | Secretary of the Senate |
|---|
| 45 | | - | APPROVED: _____________________ |
|---|
| 46 | | - | Date |
|---|
| 47 | | - | _____________________ |
|---|
| 48 | | - | Governor |
|---|
| 40 | + | * * * * * |
|---|