88R1769 JES-D
By: González of Dallas H.B. No. 1676
A BILL TO BE ENTITLED
AN ACT
relating to the sale of consumer geotracking data by telephone
companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 11, Business & Commerce Code,
is amended by adding Chapter 509 to read as follows:
CHAPTER 509. GEOTRACKING DATA
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 509.001. DEFINITIONS. In this chapter:
(1) "Geotracking data" means data obtained from an
individual's cellular telephone or other wireless communications
device that identifies and tracks the location of the device.
(2) "Telephone company" has the meaning assigned by
Section 306.001.
SUBCHAPTER B. SALE OF GEOTRACKING DATA
Sec. 509.051. CONSENT REQUIRED FOR SALE OF GEOTRACKING
DATA. (a) A telephone company may not sell a consumer's geotracking
data to a third party unless:
(1) the company has requested the consumer's consent,
in writing or electronically, to sell the consumer's geotracking
data; and
(2) the consumer has provided written or electronic
consent to the company to sell the data.
(b) A consumer's consent to the sale of the consumer's
geotracking data under Subsection (a) remains effective until
rescinded by the consumer.
(c) A telephone company may offer a discount or other
incentive to a consumer for consenting to the sale of the consumer's
geotracking data.
SECTION 2. This Act takes effect September 1, 2023.