| 1 | 1 | | 89R15702 BCH-D |
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| 2 | 2 | | By: Curry H.B. No. 4562 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a prohibition on the transfer of certain personal data |
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| 10 | 10 | | without consent. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle A, Title 11, Business & Commerce Code, |
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| 13 | 13 | | is amended by adding Chapter 511 to read as follows: |
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| 14 | 14 | | CHAPTER 511. TELEPHONE NUMBERS AND SIMILAR CONTACT INFORMATION |
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| 15 | 15 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 16 | 16 | | Sec. 511.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Consent," when referring to an individual, means |
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| 18 | 18 | | a clear affirmative act signifying an individual's freely given, |
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| 19 | 19 | | specific, informed, and unambiguous agreement to the disclosure, |
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| 20 | 20 | | release, sharing, dissemination, making available, or sale of the |
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| 21 | 21 | | individual's personal data. The term includes a written statement, |
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| 22 | 22 | | including a statement written by electronic means, or any other |
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| 23 | 23 | | unambiguous affirmative action. |
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| 24 | 24 | | (2) "Individual" means a natural person residing in |
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| 25 | 25 | | this state. |
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| 26 | 26 | | Sec. 511.002. APPLICABILITY OF CHAPTER. This chapter |
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| 27 | 27 | | applies only to a person: |
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| 28 | 28 | | (1) who resides in this state; or |
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| 29 | 29 | | (2) who: |
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| 30 | 30 | | (A) does business in this state; |
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| 31 | 31 | | (B) derives revenue from the disclosure, |
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| 32 | 32 | | release, sharing, dissemination, making available, or sale of |
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| 33 | 33 | | personal data, including phone numbers, of an individual; and |
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| 34 | 34 | | (C) does not collect personal data directly from |
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| 35 | 35 | | the individual to whom the data pertains. |
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| 36 | 36 | | Sec. 511.003. PROHIBITION ON TRANSFER OF PHONE NUMBER. A |
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| 37 | 37 | | person may not disclose, release, share, disseminate, make |
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| 38 | 38 | | available, or sell to a third party the phone number of an |
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| 39 | 39 | | individual without first obtaining the consent of that individual. |
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| 40 | 40 | | SUBCHAPTER B. ENFORCEMENT |
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| 41 | 41 | | Sec. 511.051. NOTICE OF VIOLATION; OPPORTUNITY TO CURE. |
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| 42 | 42 | | (a) The attorney general has exclusive authority to enforce this |
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| 43 | 43 | | chapter. |
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| 44 | 44 | | (b) Before bringing an action under Section 511.052 or |
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| 45 | 45 | | 511.053, the attorney general shall notify a person in writing at |
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| 46 | 46 | | least 30 days before the date the attorney general brings the |
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| 47 | 47 | | action. The notice must identify the specific provisions of this |
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| 48 | 48 | | chapter that the attorney general alleges have been or are being |
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| 49 | 49 | | violated. |
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| 50 | 50 | | (c) The attorney general may not bring an action under this |
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| 51 | 51 | | subchapter against a person if: |
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| 52 | 52 | | (1) within the 30-day period described by Subsection |
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| 53 | 53 | | (b), the person cures the violation; and |
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| 54 | 54 | | (2) the person provides the attorney general a written |
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| 55 | 55 | | statement that: |
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| 56 | 56 | | (A) the person cured the alleged violation; and |
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| 57 | 57 | | (B) it is the person's intent that no further |
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| 58 | 58 | | violations of this chapter will occur. |
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| 59 | 59 | | (d) Written notice by the attorney general under Subsection |
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| 60 | 60 | | (b) shall be delivered by: |
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| 61 | 61 | | (1) certified mail, return receipt requested; or |
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| 62 | 62 | | (2) first-class mail with proof of delivery. |
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| 63 | 63 | | Sec. 511.052. DECEPTIVE TRADE PRACTICE. A violation of |
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| 64 | 64 | | this chapter following the cure period described by Section 511.051 |
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| 65 | 65 | | is a deceptive trade practice in addition to the practices |
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| 66 | 66 | | described by Subchapter E, Chapter 17, and is actionable under that |
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| 67 | 67 | | subchapter. |
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| 68 | 68 | | Sec. 511.053. INJUNCTION. (a) The attorney general may |
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| 69 | 69 | | bring an action in the name of the state following the cure period |
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| 70 | 70 | | described by Section 511.051 to restrain or enjoin a person from |
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| 71 | 71 | | violating this chapter. |
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| 72 | 72 | | (b) The attorney general may recover reasonable attorney's |
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| 73 | 73 | | fees and other reasonable expenses incurred in investigating and |
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| 74 | 74 | | bringing an action under this section. |
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| 75 | 75 | | Sec. 511.054. NO PRIVATE RIGHT OF ACTION. This chapter may |
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| 76 | 76 | | not be construed to create, provide a basis for, or be subject to a |
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| 77 | 77 | | private right of action for a violation of this chapter or any other |
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| 78 | 78 | | law. |
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| 79 | 79 | | SECTION 2. The changes in law made by this Act apply only to |
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| 80 | 80 | | conduct that occurs on or after the effective date of this Act. |
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| 81 | 81 | | SECTION 3. This Act takes effect September 1, 2025. |
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