89R18390 GP-D
By: Noble H.B. No. 5129
A BILL TO BE ENTITLED
AN ACT
relating to the security of certain personal identifying
information submitted to or retained by a state agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Right to Privacy
Act.
SECTION 2. The heading to Chapter 2062, Government Code, is
amended to read as follows:
CHAPTER 2062. RESTRICTIONS ON STATE AGENCY USE AND DISSEMINATION
OF CERTAIN PERSONAL [INDIVIDUAL-IDENTIFYING] INFORMATION
SECTION 3. Section 2062.001, Government Code, is amended by
amending Subdivision (2) and adding Subdivision (3) to read as
follows:
(2) "Personal identifying information" has the
meaning assigned by Section 72.001, Business & Commerce Code, and
includes a person's home address, home telephone number, personal
cell phone number, personal e-mail address, driver's license
number, emergency contact information, and information that
reveals whether a person has family members.
(3) "State agency" means a department, commission,
board, office, council, authority, or other agency in the
executive, legislative, or judicial branch of state government,
including a university system or institution of higher education as
defined by Section 61.003, Education Code, that is created by the
constitution or a statute of this state.
SECTION 4. Chapter 2062, Government Code, is amended by
adding Section 2062.003 to read as follows:
Sec. 2062.003. CONSENT REQUIRED BEFORE DISSEMINATING
CERTAIN PERSONAL IDENTIFYING INFORMATION; RECORDS. (a) Except as
provided by Subsection (b), a state agency may not, without written
consent:
(1) disseminate to any person the personal identifying
information of a person who submits information to the state agency
for the purpose of obtaining an occupational license; or
(2) retain information described by Subdivision (1) in
the state agency's records in a form that is not entirely redacted.
(b) A state agency may disseminate information described by
Subsection (a) with respect to a person without the person's
written consent if the dissemination is:
(1) required or permitted by a federal statute or by a
state statute other than Chapter 552; or
(2) made by or to a law enforcement agency for a law
enforcement purpose.
(c) A state agency shall retain the written consent of a
person obtained as required under this section in the state
agency's records.
SECTION 5. Section 2062.003, Government Code, as added by
this Act, applies only to information disseminated or retained by a
state agency on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2025.