89R15702 BCH-D
By: Curry H.B. No. 4562
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the transfer of certain personal data
without consent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 11, Business & Commerce Code,
is amended by adding Chapter 511 to read as follows:
CHAPTER 511. TELEPHONE NUMBERS AND SIMILAR CONTACT INFORMATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 511.001. DEFINITIONS. In this chapter:
(1) "Consent," when referring to an individual, means
a clear affirmative act signifying an individual's freely given,
specific, informed, and unambiguous agreement to the disclosure,
release, sharing, dissemination, making available, or sale of the
individual's personal data. The term includes a written statement,
including a statement written by electronic means, or any other
unambiguous affirmative action.
(2) "Individual" means a natural person residing in
this state.
Sec. 511.002. APPLICABILITY OF CHAPTER. This chapter
applies only to a person:
(1) who resides in this state; or
(2) who:
(A) does business in this state;
(B) derives revenue from the disclosure,
release, sharing, dissemination, making available, or sale of
personal data, including phone numbers, of an individual; and
(C) does not collect personal data directly from
the individual to whom the data pertains.
Sec. 511.003. PROHIBITION ON TRANSFER OF PHONE NUMBER. A
person may not disclose, release, share, disseminate, make
available, or sell to a third party the phone number of an
individual without first obtaining the consent of that individual.
SUBCHAPTER B. ENFORCEMENT
Sec. 511.051. NOTICE OF VIOLATION; OPPORTUNITY TO CURE.
(a) The attorney general has exclusive authority to enforce this
chapter.
(b) Before bringing an action under Section 511.052 or
511.053, the attorney general shall notify a person in writing at
least 30 days before the date the attorney general brings the
action. The notice must identify the specific provisions of this
chapter that the attorney general alleges have been or are being
violated.
(c) The attorney general may not bring an action under this
subchapter against a person if:
(1) within the 30-day period described by Subsection
(b), the person cures the violation; and
(2) the person provides the attorney general a written
statement that:
(A) the person cured the alleged violation; and
(B) it is the person's intent that no further
violations of this chapter will occur.
(d) Written notice by the attorney general under Subsection
(b) shall be delivered by:
(1) certified mail, return receipt requested; or
(2) first-class mail with proof of delivery.
Sec. 511.052. DECEPTIVE TRADE PRACTICE. A violation of
this chapter following the cure period described by Section 511.051
is a deceptive trade practice in addition to the practices
described by Subchapter E, Chapter 17, and is actionable under that
subchapter.
Sec. 511.053. INJUNCTION. (a) The attorney general may
bring an action in the name of the state following the cure period
described by Section 511.051 to restrain or enjoin a person from
violating this chapter.
(b) The attorney general may recover reasonable attorney's
fees and other reasonable expenses incurred in investigating and
bringing an action under this section.
Sec. 511.054. NO PRIVATE RIGHT OF ACTION. This chapter may
not be construed to create, provide a basis for, or be subject to a
private right of action for a violation of this chapter or any other
law.
SECTION 2. The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.