By: Parker S.B. No. 768
(Capriglione, Lalani)
A BILL TO BE ENTITLED
AN ACT
relating to the process for notifying the attorney general of a
breach of security of computerized data by persons doing business
in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 521.053(i) and (j), Business & Commerce
Code, are amended to read as follows:
(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 as soon as
practicable and 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 be submitted electronically using a form
accessed through the attorney general's Internet website and 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.
(j) The attorney general shall post on the attorney
general's publicly accessible Internet website:
(1) an electronic form for submitting a notification
under Subsection (i); and
(2) a listing of the notifications received by the
attorney general under Subsection (i), excluding any sensitive
personal information that may have been reported to the attorney
general under that subsection, any information that may compromise
a data system's security, and any other information reported to the
attorney general that is made confidential by law. The attorney
general shall:
(A) [(1)] update the listing not later than the
30th day after the date the attorney general receives notification
of a new breach of system security;
(B) [(2)] remove a notification from the listing
not later than the first anniversary of the date the attorney
general added the notification to the listing if the person who
provided the notification has not notified the attorney general of
any additional breaches under Subsection (i) during that period;
and
(C) [(3)] maintain only the most recently
updated listing on the attorney general's website.
SECTION 2. This Act takes effect September 1, 2023.