88R14400 SHH-D
By: Lalani H.B. No. 4761
A BILL TO BE ENTITLED
AN ACT
relating to the notification required following a breach of
security of computerized data.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 521.053(b) and (i), Business & Commerce
Code, are amended to read as follows:
(b) A person who conducts business in this state and owns or
licenses computerized data that includes sensitive personal
information shall disclose any breach of system security, after
discovering or receiving notification of the breach, to any
individual whose sensitive personal information was, or is
reasonably believed to have been, acquired by an unauthorized
person. The disclosure shall be made without unreasonable delay
and in each case not later than the 30th [60th] day after the date on
which the person determines that the breach occurred, except as
provided by Subsection (d) or as necessary to determine the scope of
the breach and restore the reasonable integrity of the data system.
(i) A person who is required to disclose or provide
notification of a breach of system security under this section
shall notify the attorney general of that breach not later than the
30th [60th] day after the date on which the person determines that
the breach occurred if the breach involves at least 250 residents of
this state. The notification under this subsection must include:
(1) a detailed description of the nature and
circumstances of the breach or the use of sensitive personal
information acquired as a result of the breach;
(2) the number of residents of this state affected by
the breach at the time of notification;
(3) the number of affected residents that have been
sent a disclosure of the breach by mail or other direct method of
communication at the time of notification;
(4) the measures taken by the person regarding the
breach;
(5) any measures the person intends to take regarding
the breach after the notification under this subsection; and
(6) information regarding whether law enforcement is
engaged in investigating the breach.
SECTION 2. This Act takes effect September 1, 2023.