| 1 | 1 | | 87R10327 YDB-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 1010 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibitions on the sale by a state agency of an |
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| 8 | 8 | | individual's personal data. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle B, Title 10, Government Code, is |
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| 11 | 11 | | amended by adding Chapter 2062 to read as follows: |
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| 12 | 12 | | CHAPTER 2062. PROHIBITIONS ON SALE BY STATE AGENCY OF PERSONAL DATA |
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| 13 | 13 | | Sec. 2062.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Personal data" means any information relating to |
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| 15 | 15 | | an identified or identifiable individual that directly or |
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| 16 | 16 | | indirectly identifies the individual. |
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| 17 | 17 | | (2) "State agency" has the meaning assigned by Section |
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| 18 | 18 | | 2054.451. |
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| 19 | 19 | | Sec. 2062.002. APPLICABILITY. This chapter does not apply |
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| 20 | 20 | | to the release of public information under Chapter 552 or to any |
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| 21 | 21 | | charge for providing copies of public information under that |
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| 22 | 22 | | chapter. |
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| 23 | 23 | | Sec. 2062.003. PROHIBITED SALES. (a) Subject to |
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| 24 | 24 | | Subsection (b), a state agency may not sell to any person any |
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| 25 | 25 | | personal data. |
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| 26 | 26 | | (b) A state agency may sell information described by |
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| 27 | 27 | | Subsection (a) only if disclosure of the information is required |
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| 28 | 28 | | under federal or state law. |
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| 29 | 29 | | SECTION 2. Chapter 2062, Government Code, as added by this |
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| 30 | 30 | | Act, applies only to information sold by a state agency to another |
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| 31 | 31 | | person on or after the effective date of this Act. |
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| 32 | 32 | | SECTION 3. As soon as practicable after the effective date |
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| 33 | 33 | | of this Act, the comptroller of public accounts, based on the |
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| 34 | 34 | | changes in law made by this Act, shall: |
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| 35 | 35 | | (1) determine whether any transfer of money for |
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| 36 | 36 | | deposit to the Texas mobility fund is necessary to comply with |
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| 37 | 37 | | Section 49-k, Article III, Texas Constitution; and |
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| 38 | 38 | | (2) transfer any amount determined to be necessary |
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| 39 | 39 | | under Subdivision (1) of this section to the Texas mobility fund |
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| 40 | 40 | | from the general revenue fund. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2021. |
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