Texas 2025 - 89th Regular

Texas House Bill HB4516 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15594 SRA-D
2	2	By: Guillen H.B. No. 4516
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting the use of Chinese technology to collect,
10	10	process, transfer, or store biometric, genetic, or medical data;
11	11	creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle A, Title 11, Business & Commerce Code,
14	14	is amended by adding Chapter 511 to read as follows:
15	15	CHAPTER 511. PROTECTION OF BIOMETRIC, GENETIC, OR MEDICAL DATA
16	16	Sec. 511.001. DEFINITIONS. In this chapter:
17	17	(1) "Biometric data" and "genetic data" have the
18	18	meanings assigned by Section 509.001, as added by Chapter 963 (S.B.
19	19	2105), Acts of the 88th Legislature, Regular Session, 2023.
20	20	(2) "Medical data" means data created or obtained in
21	21	the course of providing health care services that relates to an
22	22	individual's past, present, or future physical or mental health.
23	23	(3) "Person owned by, controlled by, or subject to the
24	24	jurisdiction or direction of the People's Republic of China" means:
25	25	(A) a person who acts as an agent,
26	26	representative, or employee, or a person who acts in any other
27	27	capacity at the order, request, or under the direction or control,
28	28	of the People's Republic of China or of a person whose activities
29	29	are directly or indirectly supervised, directed, controlled,
30	30	financed, or subsidized in whole or in majority part by the People's
31	31	Republic of China;
32	32	(B) a person who is a citizen or resident of the
33	33	People's Republic of China or a country controlled by the People's
34	34	Republic of China and is not a United States citizen or permanent
35	35	resident of the United States;
36	36	(C) a corporation, partnership, association, or
37	37	other entity with a principal place of business in, headquartered
38	38	in, chartered or incorporated in, or otherwise organized under the
39	39	laws of the People's Republic of China or a country controlled by
40	40	the People's Republic of China; or
41	41	(D) a corporation, partnership, association, or
42	42	other entity that is owned or controlled by the People's Republic of
43	43	China, to include circumstances in which any person identified in
44	44	Paragraphs (A), (B), and (C) possesses the power, direct or
45	45	indirect, whether or not exercised, through the ownership of a
46	46	majority or a dominant minority of the total outstanding voting
47	47	interest in an entity, board representation, proxy voting, a
48	48	special share, contractual arrangements, formal or informal
49	49	arrangements to act in concert, or other means, to determine,
50	50	direct, or decide important matters affecting an entity.
51	51	Sec. 511.002. APPLICABILITY. This chapter applies only to
52	52	a person, including a business entity, that collects, processes,
53	53	transfers, or stores the biometric, genetic, or medical data of
54	54	residents of this state.
55	55	Sec. 511.003. PROHIBITED USE OF CHINESE TECHNOLOGY;
56	56	OFFENSE. (a) A person subject to this chapter may not use
57	57	technology designed, developed, manufactured, or supplied by
58	58	persons owned by, controlled by, or subject to the jurisdiction or
59	59	direction of the People's Republic of China to collect, process,
60	60	transfer, or store the biometric, genetic, or medical data of a
61	61	resident of this state.
62	62	(b) A person commits an offense if the person knowingly
63	63	violates Subsection (a).
64	64	(c) An offense under this section is a Class A misdemeanor,
65	65	except that the offense is a state jail felony if the actor has
66	66	previously been convicted of an offense under this section.
67	67	(d) For purposes of this section, an actor is presumed to
68	68	have knowingly violated Subsection (a) if it is shown on the trial
69	69	of the offense that the attorney general previously issued an
70	70	injunction against the actor under Section 511.004 and the actor
71	71	continued to engage in conduct in violation of Subsection (a).
72	72	Sec. 511.004. ENFORCEMENT BY ATTORNEY GENERAL: INJUNCTION.
73	73	If the attorney general believes that a person has violated or is
74	74	violating Section 511.003, the attorney general may bring an action
75	75	on behalf of the state to enjoin the person from violating that
76	76	section.
77	77	Sec. 511.005. NO PRIVATE RIGHT OF ACTION. This chapter does
78	78	not create a private right of action.
79	79	SECTION 2. It is the intent of the 89th Legislature, Regular
80	80	Session, 2025, that the amendments made by this Act be harmonized
81	81	with another Act of the 89th Legislature, Regular Session, 2025,
82	82	relating to nonsubstantive additions to and corrections in enacted
83	83	codes.
84	84	SECTION 3. This Act takes effect September 1, 2025.