H.R. No. 2431
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 88th Legislature, Regular Session, 2023, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 4 (the regulation of the
collection, use, processing, and treatment of consumers' personal
data by certain business entities; imposing a civil penalty) to
consider and take action on the following matters:
(1) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit text not in disagreement in proposed SECTION 2
of the bill, by omitting added Section 541.001(18)(E), Business &
Commerce Code. The omitted text reads:
(E) a subsidiary or affiliate of an entity
regulated under Subtitle B, Title 2, Utilities Code
Explanation: The change is necessary to omit certain entities
regulated under the Utilities Code from the definition of a
nonprofit organization.
(2) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter not included in either the
house or senate version of the bill in proposed SECTION 2 of the
bill, by adding Section 541.055(f), Business & Commerce Code, to
read as follows:
(f) A technology described by Subsection (e):
(1) may not unfairly disadvantage another controller;
(2) may not make use of a default setting, but must
require the consumer to make an affirmative, freely given, and
unambiguous choice to indicate the consumer's intent to opt out of
any processing of a consumer's personal data; and
(3) must be consumer-friendly and easy to use by the
average consumer.
Explanation: The change is necessary to ensure the bill's
requirements are in line with existing technology and the laws and
standards of other state data privacy laws.
(3) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to amend text not in disagreement in proposed SECTION
5 of the bill, in the transition language for added Section 541.152,
Business & Commerce Code, to read as follows:
SECTION 5. Not later than July 1, 2024, the attorney general
shall post the information and online mechanism required by Section
541.152, Business & Commerce Code, as added by this Act.
Explanation: The change is necessary to allow affected
parties more time to comply with the requirements of the
legislation.
(4) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to amend text not in disagreement in proposed SECTION
7(a) of the bill, providing the effective date, to read as follows:
(a) Except as provided by Subsection (b) of this section,
this Act takes effect July 1, 2024.
Explanation: The change is necessary to allow affected
parties more time to comply with the requirements of the
legislation.
Capriglione
______________________________
Speaker of the House
I certify that H.R. No. 2431 was adopted by the House on May
28, 2023, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House