Texas 2021 87th Regular

Texas Senate Bill SB1010 Introduced / Bill

Filed 03/04/2021

                    87R10327 YDB-D
 By: Hinojosa S.B. No. 1010


 A BILL TO BE ENTITLED
 AN ACT
 relating to prohibitions on the sale by a state agency of an
 individual's personal data.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle B, Title 10, Government Code, is
 amended by adding Chapter 2062 to read as follows:
 CHAPTER 2062. PROHIBITIONS ON SALE BY STATE AGENCY OF PERSONAL DATA
 Sec. 2062.001.  DEFINITIONS. In this chapter:
 (1)  "Personal data" means any information relating to
 an identified or identifiable individual that directly or
 indirectly identifies the individual.
 (2)  "State agency" has the meaning assigned by Section
 2054.451.
 Sec. 2062.002.  APPLICABILITY. This chapter does not apply
 to the release of public information under Chapter 552 or to any
 charge for providing copies of public information under that
 chapter.
 Sec. 2062.003.  PROHIBITED SALES. (a) Subject to
 Subsection (b), a state agency may not sell to any person any
 personal data.
 (b)  A state agency may sell information described by
 Subsection (a) only if disclosure of the information is required
 under federal or state law.
 SECTION 2.  Chapter 2062, Government Code, as added by this
 Act, applies only to information sold by a state agency to another
 person on or after the effective date of this Act.
 SECTION 3.  As soon as practicable after the effective date
 of this Act, the comptroller of public accounts, based on the
 changes in law made by this Act, shall:
 (1)  determine whether any transfer of money for
 deposit to the Texas mobility fund is necessary to comply with
 Section 49-k, Article III, Texas Constitution; and
 (2)  transfer any amount determined to be necessary
 under Subdivision (1) of this section to the Texas mobility fund
 from the general revenue fund.
 SECTION 4.  This Act takes effect September 1, 2021.