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