| 1 | 1 | | 87R4650 JES-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 571 |
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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 consent for the use or possession of personal |
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| 8 | 8 | | identifying information under the Identity Theft Enforcement and |
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| 9 | 9 | | Protection Act. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 521.051, Business & Commerce Code, is |
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| 12 | 12 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) A person may not obtain, possess, transfer, or use |
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| 15 | 15 | | personal identifying information of another person without the |
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| 16 | 16 | | other person's consent or effective consent and with intent to |
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| 17 | 17 | | obtain a good, a service, insurance, an extension of credit, or any |
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| 18 | 18 | | other thing of value in the other person's name. |
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| 19 | 19 | | (a-1) For purposes of this section, "effective consent" |
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| 20 | 20 | | includes consent given by a person legally authorized to act on |
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| 21 | 21 | | behalf of the person from whom consent is required. Consent is not |
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| 22 | 22 | | effective if: |
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| 23 | 23 | | (1) induced by force, threat, fraud, or coercion; or |
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| 24 | 24 | | (2) given by a person who by reason of youth, mental |
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| 25 | 25 | | illness, or intellectual disability is known by the actor to be |
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| 26 | 26 | | unable to make reasonable decisions. |
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| 27 | 27 | | SECTION 2. Section 521.051, Business & Commerce Code, as |
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| 28 | 28 | | amended by this Act, applies only to a violation that occurs on or |
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| 29 | 29 | | after the effective date of this Act. A violation occurs before the |
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| 30 | 30 | | effective date of this Act if any element of the violation occurs |
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| 31 | 31 | | before that date. A violation that occurs before the effective date |
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| 32 | 32 | | of this Act is governed by the law in effect on the date the |
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| 33 | 33 | | violation occurred, and the former law is continued in effect for |
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| 34 | 34 | | that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2021. |
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