| 1 | 1 | | 87R10930 YDB-D |
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| 2 | 2 | | By: Nelson, et al. S.B. No. 16 |
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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 dissemination by a state agency of |
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| 8 | 8 | | an 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 DISSEMINATION BY STATE AGENCY OF |
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| 13 | 13 | | CERTAIN PERSONAL DATA |
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| 14 | 14 | | Sec. 2062.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Individual" means a natural person. |
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| 16 | 16 | | (2) "Personal data" means any information relating to |
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| 17 | 17 | | an identified or identifiable individual that directly or |
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| 18 | 18 | | indirectly identifies the individual by reference to: |
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| 19 | 19 | | (A) an identifier for the individual, including a |
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| 20 | 20 | | name, an identification number, location information, or an online |
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| 21 | 21 | | identifier; or |
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| 22 | 22 | | (B) one or more factors specific to the physical, |
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| 23 | 23 | | physiological, genetic, mental, economic, cultural, or social |
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| 24 | 24 | | identity of the individual. |
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| 25 | 25 | | (3) "State agency" means a department, commission, |
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| 26 | 26 | | board, office, council, authority, or other agency in the |
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| 27 | 27 | | executive, legislative, or judicial branch of state government, |
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| 28 | 28 | | including a university system or institution of higher education as |
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| 29 | 29 | | defined by Section 61.003, Education Code, that is created by the |
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| 30 | 30 | | constitution or a statute of this state. |
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| 31 | 31 | | Sec. 2062.002. PROHIBITED DISSEMINATION. (a) A state |
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| 32 | 32 | | agency may not disseminate to any person any personal data of an |
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| 33 | 33 | | individual without the individual's written consent. |
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| 34 | 34 | | (b) A state agency shall retain the written consent of an |
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| 35 | 35 | | individual obtained as required under Subsection (a) in the |
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| 36 | 36 | | agency's records until the agreement under which the personal data |
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| 37 | 37 | | is disseminated expires or is otherwise terminated. |
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| 38 | 38 | | (c) A state agency may not require an individual to consent |
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| 39 | 39 | | to dissemination of the individual's personal data in exchange for |
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| 40 | 40 | | access to the services provided by the agency or to the agency's |
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| 41 | 41 | | Internet website. |
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| 42 | 42 | | SECTION 2. Chapter 2062, Government Code, as added by this |
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| 43 | 43 | | Act, applies only to information disseminated by a state agency to |
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| 44 | 44 | | another person on or after the effective date of this Act. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2021. |
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