88R7881 MCK-D
By: Nichols S.B. No. 821
A BILL TO BE ENTITLED
AN ACT
relating to the review by the Sunset Advisory Commission of the sale
of personal data by state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 325, Government Code, is amended by
adding Section 325.0124 to read as follows:
Sec. 325.0124. REVIEW OF AGENCY'S SALE OF PERSONAL DATA.
(a) In this section, "personal data" means any information
relating to an identified or identifiable individual that directly
or indirectly identifies the individual by reference to:
(1) an identifier for the individual, including a
name, an identification number, location information, or an online
identifier; or
(2) one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural, or social
identity of the individual.
(b) As part of its review of a state agency, the commission
shall determine whether the state agency sells personal data the
agency possesses. If the state agency sells personal data, the
commission shall determine:
(1) to whom the personal data is sold;
(2) to the extent possible, the purpose for which the
personal data is sold;
(3) the amount the state agency receives for the sale
of the personal data; and
(4) the law that authorizes the state agency to sell
the personal data.
(c) The commission shall recommend prohibiting the sale of
personal data by a state agency, unless the commission identifies a
compelling state interest justifying the state agency's authority
to sell the personal data. If the commission recommends continuing
the state agency's authority to sell personal data, the commission
shall make any recommendations it considers necessary to protect
the personal data from improper use and dissemination.
SECTION 2. This Act takes effect September 1, 2023.