Texas 2023 - 88th Regular

Texas House Bill HR2431 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.R. No. 2431
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, 88th Legislature, Regular Session, 2023, That House Rule 13,
7	7	Section 9(a), be suspended in part as provided by House Rule 13,
8	8	Section 9(f), to enable the conference committee appointed to
9	9	resolve the differences on House Bill 4 (the regulation of the
10	10	collection, use, processing, and treatment of consumers' personal
11	11	data by certain business entities; imposing a civil penalty) to
12	12	consider and take action on the following matters:
13	13	(1) House Rule 13, Section 9(a)(2), is suspended to permit
14	14	the committee to omit text not in disagreement in proposed SECTION 2
15	15	of the bill, by omitting added Section 541.001(18)(E), Business &
16	16	Commerce Code. The omitted text reads:
17	17	(E) a subsidiary or affiliate of an entity
18	18	regulated under Subtitle B, Title 2, Utilities Code
19	19	Explanation: The change is necessary to omit certain entities
20	20	regulated under the Utilities Code from the definition of a
21	21	nonprofit organization.
22	22	(2) House Rule 13, Section 9(a)(4), is suspended to permit
23	23	the committee to add text on a matter not included in either the
24	24	house or senate version of the bill in proposed SECTION 2 of the
25	25	bill, by adding Section 541.055(f), Business & Commerce Code, to
26	26	read as follows:
27	27	(f) A technology described by Subsection (e):
28	28	(1) may not unfairly disadvantage another controller;
29	29	(2) may not make use of a default setting, but must
30	30	require the consumer to make an affirmative, freely given, and
31	31	unambiguous choice to indicate the consumer's intent to opt out of
32	32	any processing of a consumer's personal data; and
33	33	(3) must be consumer-friendly and easy to use by the
34	34	average consumer.
35	35	Explanation: The change is necessary to ensure the bill's
36	36	requirements are in line with existing technology and the laws and
37	37	standards of other state data privacy laws.
38	38	(3) House Rule 13, Section 9(a)(1), is suspended to permit
39	39	the committee to amend text not in disagreement in proposed SECTION
40	40	5 of the bill, in the transition language for added Section 541.152,
41	41	Business & Commerce Code, to read as follows:
42	42	SECTION 5. Not later than July 1, 2024, the attorney general
43	43	shall post the information and online mechanism required by Section
44	44	541.152, Business & Commerce Code, as added by this Act.
45	45	Explanation: The change is necessary to allow affected
46	46	parties more time to comply with the requirements of the
47	47	legislation.
48	48	(4) House Rule 13, Section 9(a)(1), is suspended to permit
49	49	the committee to amend text not in disagreement in proposed SECTION
50	50	7(a) of the bill, providing the effective date, to read as follows:
51	51	(a) Except as provided by Subsection (b) of this section,
52	52	this Act takes effect July 1, 2024.
53	53	Explanation: The change is necessary to allow affected
54	54	parties more time to comply with the requirements of the
55	55	legislation.
56	56	Capriglione
57	57	______________________________
58	58	Speaker of the House
59	59	I certify that H.R. No. 2431 was adopted by the House on May
60	60	28, 2023, by the following vote: Yeas 143, Nays 0, 2 present, not
61	61	voting.
62	62	______________________________
63	63	Chief Clerk of the House