89R12187 BCH-D
By: Reynolds H.B. No. 5046
A BILL TO BE ENTITLED
AN ACT
relating to the collection, use, processing, and treatment of
consumers' personal data by certain business entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 541.103, Business & Commerce Code, is
amended to read as follows:
Sec. 541.103. SALE OF DATA TO THIRD PARTIES AND PROCESSING
DATA FOR TARGETED ADVERTISING; DISCLOSURE; PAYMENTS TO CONSUMER.
(a) If a controller sells personal data to third parties or
processes personal data for targeted advertising, the controller
shall clearly and conspicuously disclose that process and the
manner in which a consumer may exercise the right to opt out of that
process.
(b) If a controller sells a consumer's personal data to a
third party, the controller shall pay to the consumer 10 percent of
the gross proceeds of the sale not later than the 60th day after the
date the sale is completed.
SECTION 2. This Act takes effect September 1, 2025.