Texas 2021 - 87th Regular

Texas House Bill HB3746 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3746
	1	+	By: Capriglione (Senate Sponsor - Nelson) H.B. No. 3746
	2	+	(In the Senate - Received from the House May 3, 2021;
	3	+	May 6, 2021, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2021, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to certain notifications required following a breach of
6	12		security of computerized data.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 521.053, Business & Commerce Code, is
9	15		amended by amending Subsection (i) and adding Subsection (j) to
10	16		read as follows:
11	17		(i) A person who is required to disclose or provide
12	18		notification of a breach of system security under this section
13	19		shall notify the attorney general of that breach not later than the
14	20		60th day after the date on which the person determines that the
15	21		breach occurred if the breach involves at least 250 residents of
16	22		this state. The notification under this subsection must include:
17	23		(1) a detailed description of the nature and
18	24		circumstances of the breach or the use of sensitive personal
19	25		information acquired as a result of the breach;
20	26		(2) the number of residents of this state affected by
21	27		the breach at the time of notification;
22	28		(3) the number of affected residents that have been
23	29		sent a disclosure of the breach by mail or other direct method of
24	30		communication at the time of notification;
25	31		(4) the measures taken by the person regarding the
26	32		breach;
27	33		(5) [(4)] any measures the person intends to take
28	34		regarding the breach after the notification under this subsection;
29	35		and
30	36		(6) [(5)] information regarding whether law
31	37		enforcement is engaged in investigating the breach.
32	38		(j) The attorney general shall post on the attorney
33	39		general's publicly accessible Internet website a listing of the
34	40		notifications received by the attorney general under Subsection
35	41		(i), excluding any sensitive personal information that may have
36	42		been reported to the attorney general under that subsection, any
37	43		information that may compromise a data system's security, and any
38	44		other information reported to the attorney general that is made
39	45		confidential by law. The attorney general shall:
40	46		(1) update the listing not later than the 30th day
41	47		after the date the attorney general receives notification of a new
42	48		breach of system security;
43	49		(2) remove a notification from the listing not later
44	50		than the first anniversary of the date the attorney general added
45	51		the notification to the listing if the person who provided the
46	52		notification has not notified the attorney general of any
47	53		additional breaches under Subsection (i) during that period; and
48	54		(3) maintain only the most recently updated listing on
49	55		the attorney general's website.
50	56		SECTION 2. This Act takes effect September 1, 2021.
51		-	______________________________ ______________________________
52		-	President of the Senate Speaker of the House
53		-	I certify that H.B. No. 3746 was passed by the House on April
54		-	29, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not
55		-	voting.
56		-	______________________________
57		-	Chief Clerk of the House
58		-	I certify that H.B. No. 3746 was passed by the Senate on May
59		-	26, 2021, by the following vote: Yeas 31, Nays 0.
60		-	______________________________
61		-	Secretary of the Senate
62		-	APPROVED: _____________________
63		-	Date
64		-	_____________________
65		-	Governor
	57	+	* * * * *