H.B. No. 3746
AN ACT
relating to certain notifications required following a breach of
security of computerized data.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.053, Business & Commerce Code, is
amended by amending Subsection (i) and adding Subsection (j) to
read as follows:
(i) A person who is required to disclose or provide
notification of a breach of system security under this section
shall notify the attorney general of that breach not later than the
60th day after the date on which the person determines that the
breach occurred if the breach involves at least 250 residents of
this state. The notification under this subsection must include:
(1) a detailed description of the nature and
circumstances of the breach or the use of sensitive personal
information acquired as a result of the breach;
(2) the number of residents of this state affected by
the breach at the time of notification;
(3) the number of affected residents that have been
sent a disclosure of the breach by mail or other direct method of
communication at the time of notification;
(4) the measures taken by the person regarding the
breach;
(5) [(4)] any measures the person intends to take
regarding the breach after the notification under this subsection;
and
(6) [(5)] information regarding whether law
enforcement is engaged in investigating the breach.
(j) The attorney general shall post on the attorney
general's publicly accessible Internet website a listing of the
notifications received by the attorney general under Subsection
(i), excluding any sensitive personal information that may have
been reported to the attorney general under that subsection, any
information that may compromise a data system's security, and any
other information reported to the attorney general that is made
confidential by law. The attorney general shall:
(1) update the listing not later than the 30th day
after the date the attorney general receives notification of a new
breach of system security;
(2) remove a notification from the listing not later
than the first anniversary of the date the attorney general added
the notification to the listing if the person who provided the
notification has not notified the attorney general of any
additional breaches under Subsection (i) during that period; and
(3) maintain only the most recently updated listing on
the attorney general's website.
SECTION 2. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3746 was passed by the House on April
29, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3746 was passed by the Senate on May
26, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor