Texas 2025 - 89th Regular

Texas House Bill HB5081 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R25038~~ BCH-F
	1	+	89R11202 BCH-F
2	2		By: Leach H.B. No. 5081
3		-	Substitute the following for H.B. No. 5081:
4		-	By: Leach C.S.H.B. No. 5081
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the protection of personal identifying information of
12	10		certain persons in the judicial system; creating a criminal
13	11		offense.
14	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	13		SECTION 1. The heading to Subtitle H, Title 2, Government
16	14		Code, is amended to read as follows:
17	15		SUBTITLE H. INFORMATION RESOURCES AND PRIVACY
18	16		SECTION 2. Subtitle H, Title 2, Government Code, is amended
19	17		by adding Chapter 92 to read as follows:
20	18		CHAPTER 92. PROTECTION OF PERSONAL IDENTIFYING INFORMATION OF
21	19		AT-RISK INDIVIDUALS COLLECTED AND STORED BY DATA BROKERS AND OTHER
22	20		PERSONS
23	21		Sec. 92.001. DEFINITIONS. In this chapter:
24	22		(1) "At-risk individual" means:
25	23		(A) a judge, as defined by Section 33.001;
26	24		(B) a court clerk; and
27	25		(C) an employee of a state court, a court clerk,
28	26		the office, or another agency in the judicial branch of state
29	27		government.
30	28		(2) "Court clerk" means the clerk of the supreme
31	29		court, the court of criminal appeals, a court of appeals, a district
32	30		court, a county court, a statutory county court, a statutory
33	31		probate court, a justice court, or a municipal court.
34	32		(3) "Covered information":
35	33		(A) means:
36	34		(i) a home address, including primary and
37	35		secondary residences;
38	36		(ii) a home or personal telephone number,
39	37		including a mobile telephone number;
40	38		(iii) an e-mail address;
41	39		(iv) a social security number or driver's
42	40		license number;
43	41		(v) bank account, credit card, or debit
44	42		card information;
45	43		(vi) a license plate number or other unique
46	44		identifier of a vehicle owned, leased, or regularly used;
47	45		(vii) the identity of a child younger than
48	46		18 years of age;
49	47		(viii) a person's date of birth;
50	48		(ix) information regarding current or
51	49		future school or day care attendance, including the name or address
52	50		of the school or day care, schedules of attendance, or routes taken
53	51		to or from the school or day care;
54	52		(x) employment information, including the
55	53		name or address of the employer, employment schedules, or routes
56	54		taken to or from the employer's location; and
57	55		(xi) photographs or videos that reveal
58	56		information listed in Subparagraphs (i)-(x); and
59	57		(B) does not include information regarding
60	58		employment with a state agency.
61	59		(4) "Data broker" has the meaning assigned by Section
62		-	509.001, Business & Commerce Code, as added by Chapter 963
63		-	~~(S.B.~~ 2105), Acts of the 88th Legislature, Regular Session, 2023.
64		-	~~The~~ term does not include a commercial entity that:
	60	+	509.001, Business & Commerce Code, as added by Chapter 963 (S.B. No.
	61	+	2105), Acts of the 88th Legislature, Regular Session, 2023. The
	62	+	term does not include a commercial entity that:
65	63		(A) is engaged in the business of:
66	64		(i) reporting, news-gathering, speaking,
67	65		or engaging in other activities intended to inform the public on
68	66		matters of public interest or public concern;
69	67		(ii) providing 411 directory assistance or
70	68		directory information services, including name, address, and
71	69		telephone number, on behalf of or as a function of a
72	70		telecommunications carrier;
73	71		(iii) using personal information
74	72		internally, by providing access to businesses under common
75	73		ownership or affiliated by corporate control, or selling or
76	74		providing data for a transaction or service requested by or
77	75		concerning the individual whose personal information is being
78	76		transferred;
79	77		(iv) providing publicly available
80	78		information using real-time or near real-time alert services for
81	79		health or safety purposes; or
82	80		(v) collecting and selling or licensing
83	81		covered information incidental to conducting the activities
84	82		described by this subdivision; or
85	83		(B) is engaged in business as:
86	84		(i) a consumer reporting agency subject to
87	85		Chapter 20, Business & Commerce Code, and the Fair Credit Reporting
88	86		Act (15 U.S.C. Section 1681 et seq.);
89	87		(ii) a financial institution subject to the
90	88		Gramm-Leach-Bliley Act (Pub. L. No. 106-102) and regulations
91	89		implementing that Act; or
92	90		(iii) a covered entity for purposes of the
93	91		privacy regulations promulgated under Section 264(c), Health
94	92		Insurance Portability and Accountability Act of 1996 (42 U.S.C.
95	93		Section 1320d-2 note).
96	94		(5) "Immediate family member" means a person related
97	95		to another person within the first degree by consanguinity or
98	96		affinity, as described by Subchapter B, Chapter 573. The term
99	97		includes a foster child, ward, legal dependent, or individual
100	98		residing in the same household.
101	99		(6) "Office" means the Office of Court Administration
102	100		of the Texas Judicial System.
103	101		(7) "State agency" means a public entity in the
104	102		executive, judicial, or legislative branch of state government.
105	103		(8) "State court" means:
106	104		(A) the supreme court or the court of criminal
107	105		appeals;
108	106		(B) an appellate court, district court, or
109	107		division of the business court;
110	108		(C) a county court, constitutional county court,
111	109		statutory county court, or statutory probate court;
112	110		(D) a justice court; or
113	111		(E) a municipal court.
114	112		Sec. 92.002. DATA BROKER PROHIBITIONS. Notwithstanding any
115	113		other law, a data broker may not knowingly sell, license, trade for
116	114		consideration, transfer, or purchase covered information of an
117	115		at-risk individual or an immediate family member of the individual.
118	116		Sec. 92.003. PROHIBITION ON BUSINESSES AND OTHER PERSONS.
119	117		(a) Except as provided by Subsection (b), a person may not publicly
120	118		post or display on a publicly accessible Internet website covered
121	119		information of an at-risk individual or an immediate family member
122	120		of the individual if the at-risk individual, or the office, acting
123	121		on the individual's behalf, submits a written request to that
124	122		person not to disclose or acquire the covered information that is
125	123		the subject of the request.
126	124		(b) Subsection (a) does not apply to:
127	125		(1) covered information of an at-risk individual or an
128	126		immediate family member of the individual displayed on a publicly
129	127		accessible Internet website if the information is relevant to and
130	128		displayed as part of a news story, commentary, editorial, or other
131	129		speech on a matter of public concern;
132	130		(2) covered information that an at-risk individual
133	131		voluntarily posts on the Internet; or
134	132		(3) covered information received from a governmental
135	133		entity or an employee or agent of a governmental entity.
136	134		Sec. 92.004. REQUIRED CONDUCT. After receiving a written
137	135		request under Section 92.003, a person, including a data broker,
138	136		shall:
139	137		(1) not later than 72 hours after receipt of the
140	138		request:
141	139		(A) remove from the Internet website the covered
142	140		information identified in the request;
143	141		(B) ensure the information is not made available
144	142		on any other publicly accessible Internet website or subsidiary
145	143		website the person controls; and
146	144		(C) identify any other instances of the
147	145		information that should be removed; and
148	146		(2) assist the sender in locating the covered
149	147		information that may be posted on any publicly accessible Internet
150	148		website or subsidiary website controlled by the person.
151	149		Sec. 92.005. OFFICE PROCEDURES. The judicial security
152		-	division of the office shall develop a process by which ~~a judge can~~
153		-	file a written request with the director of the ~~office to notify a~~
154		-	data broker or other person, on the ~~judge's behalf, of a written~~
155		-	request submitted by the ~~judge to remove covered information posted~~
156		-	or displayed by the ~~person on a publicly accessible Internet~~
157		-	website.
	150	+	division of the office shall develop a process by which an at-risk
	151	+	individual can file a written request with the director of the
	152	+	office to notify a data broker or other person, on the at-risk
	153	+	individual's behalf, of a written request submitted by the
	154	+	individual to remove covered information posted or displayed by the
	155	+	person on a publicly accessible Internet website.
158	156		Sec. 92.006. TRANSFER. (a) Except as provided by
159	157		Subsection (b), after receiving a written request under Section
160	158		92.003, the person may not transfer the covered information to any
161	159		other person through any medium.
162	160		(b) Subsection (a) does not apply to:
163	161		(1) the transfer of the covered information that is
164	162		relevant to and displayed as part of a news story, commentary,
165	163		editorial, or other speech on a matter of public concern;
166	164		(2) covered information the at-risk individual or the
167	165		immediate family member of the individual voluntarily posts on the
168	166		Internet; or
169	167		(3) a transfer of the covered information:
170	168		(A) at the request of the at-risk individual; or
171	169		(B) as necessary to produce a request to the
172	170		person from the at-risk individual.
173	171		Sec. 92.007. CIVIL REMEDIES. (a) If the covered
174	172		information of an at-risk individual or an immediate family member
175	173		of the individual is made public as a result of a violation of this
176	174		chapter, the at-risk individual or the individual's designee may
177	175		bring an action in a court seeking injunctive or declaratory
178	176		relief.
179	177		(b) If the plaintiff prevails in an action brought under
180	178		Subsection (a), the court, in addition to issuing an order for
181	179		injunctive or declaratory relief, may:
182	180		(1) impose a fine of $500 for each day the covered
183	181		information remains public after the date on which the order for
184	182		injunctive or declaratory relief is issued; and
185	183		(2) if the defendant is not a state agency, award to
186	184		the at-risk individual, or the individual's immediate family,
187	185		exemplary damages, court costs, and reasonable attorney's fees.
188	186		Sec. 92.008. CRIMINAL OFFENSE. (a) A person commits an
189	187		offense if the person intentionally posts covered information of an
190	188		at-risk individual or an immediate family member of the individual
191	189		on a publicly accessible Internet website without first obtaining
192	190		the consent of the individual whose information was posted and:
193	191		(1) the information is posted with intent to cause or
194	192		threaten to cause harm to or harassment of an at-risk individual or
195	193		a member of the individual's immediate family; and
196	194		(2) under the circumstances, harm to or harassment of
197	195		the at-risk individual or immediate family member is a probable
198	196		consequence of the posting of the information.
199	197		(b) For purposes of Subsection (a), it is prima facie
200	198		evidence of the intent to cause or threaten to cause harm to or
201	199		harassment of an at-risk individual or a member of the individual's
202	200		immediate family if the person:
203	201		(1) receives a written request not to disclose the
204	202		covered information for safety reasons; and
205	203		(2) either:
206	204		(A) fails to remove the covered information from
207	205		the Internet website not later than 48 hours after receiving the
208	206		request; or
209	207		(B) before the fourth anniversary of the date the
210		-	business receives the request, reposts the covered ~~information on~~
211		-	the same Internet website or another publicly ~~accessible Internet~~
212		-	website or makes the information publicly ~~available through another~~
213		-	medium.
	208	+	business receives the request, the person reposts the covered
	209	+	information on the same Internet website or another publicly
	210	+	accessible Internet website or makes the information publicly
	211	+	available through another medium.
214	212		(c) An offense under this section is a Class B misdemeanor,
215	213		except that the offense is a Class A misdemeanor if the offense
216	214		results in the bodily injury of:
217	215		(1) the at-risk individual whose covered information
218	216		was posted on the Internet website; or
219	217		(2) an immediate family member of the individual.
220		-	SECTION 3. (a) Chapter 92, Government Code, as added by
221		-	this Act, applies only to covered information posted on a publicly
222		-	accessible Internet website on or after the effective date of this
223		-	Act.
224		-	(b) Section 92.004, Government Code, as added by this Act,
225		-	applies to covered information available on a publicly accessible
226		-	Internet website on or after the effective date of this Act,
227		-	regardless of the date on which the information was originally
228		-	posted.
229		-	(c) The Office of Court Administration of the Texas Judicial
230		-	System is required to implement Section 92.005, Government Code, as
231		-	added by this Act, only if the legislature appropriates money
232		-	specifically for that purpose. If the legislature does not
233		-	appropriate money specifically for that purpose, the office may,
234		-	but is not required to, implement Section 92.005 using other
235		-	appropriations available for that purpose.
236		-	(d) The Office of Court Administration of the Texas Judicial
237		-	System may develop or procure a statewide technology system to
238		-	automate the process described in Section 92.005, Government Code,
239		-	as added by this Act.
240		-	(e) Section 92.008, Government Code, as added by this Act,
241		-	applies only to an offense committed on or after the effective date
242		-	of this Act. For purposes of this section, an offense is committed
243		-	before the effective date of this Act if any element of the offense
244		-	occurs before that date.
	218	+	SECTION 3. Chapter 92, Government Code, as added by this
	219	+	Act, applies only to information posted on an Internet website on or
	220	+	after the effective date of this Act.
245	221		SECTION 4. It is the intent of the 89th Legislature, Regular
246	222		Session, 2025, that the amendments made by this Act to Section
247	223		92.001(4), Government Code, be harmonized with another Act of the
248	224		89th Legislature, Regular Session, 2025, relating to
249	225		nonsubstantive additions to and corrections in enacted codes.
250	226		SECTION 5. This Act takes effect September 1, 2025.