| 1 | 1 | | 89R16074 GP-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 5281 |
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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 dissemination of certain personal |
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| 10 | 10 | | identifying information by a state agency to the federal |
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| 11 | 11 | | government. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. The heading to Chapter 2062, Government Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | CHAPTER 2062. RESTRICTIONS ON STATE AGENCY USE AND DISSEMINATION |
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| 16 | 16 | | OF CERTAIN PERSONAL [INDIVIDUAL-IDENTIFYING] INFORMATION |
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| 17 | 17 | | SECTION 2. Section 2062.001, Government Code, is amended by |
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| 18 | 18 | | amending Subdivision (2) and adding Subdivision (3) to read as |
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| 19 | 19 | | follows: |
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| 20 | 20 | | (2) "Personal identifying information" has the |
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| 21 | 21 | | meaning assigned by Section 72.001, Business & Commerce Code. |
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| 22 | 22 | | (3) "State agency" means a department, commission, |
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| 23 | 23 | | board, office, council, authority, or other agency in the |
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| 24 | 24 | | executive, legislative, or judicial branch of state government, |
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| 25 | 25 | | including a university system or institution of higher education as |
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| 26 | 26 | | defined by Section 61.003, Education Code, that is created by the |
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| 27 | 27 | | constitution or a statute of this state. |
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| 28 | 28 | | SECTION 3. Chapter 2062, Government Code, is amended by |
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| 29 | 29 | | adding Section 2062.003 to read as follows: |
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| 30 | 30 | | Sec. 2062.003. DISSEMINATION OF CERTAIN PERSONAL |
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| 31 | 31 | | IDENTIFYING INFORMATION PROHIBITED; EXCEPTIONS. (a) Except as |
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| 32 | 32 | | provided by Subsection (b), a state agency may not disseminate to |
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| 33 | 33 | | the federal government or a federal official any document or other |
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| 34 | 34 | | data that includes the personal identifying information of a person |
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| 35 | 35 | | that has not been redacted or otherwise anonymized. |
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| 36 | 36 | | (b) A state agency may disseminate information described by |
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| 37 | 37 | | Subsection (a) with respect to a person if the dissemination is: |
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| 38 | 38 | | (1) necessary to comply with or implement a federal or |
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| 39 | 39 | | state law or program; or |
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| 40 | 40 | | (2) authorized in writing by the person. |
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| 41 | 41 | | (c) A state agency shall retain the written consent of a |
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| 42 | 42 | | person obtained under this section in the state agency's records. |
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| 43 | 43 | | SECTION 4. Section 2062.003, Government Code, as added by |
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| 44 | 44 | | this Act, applies only to information disseminated or retained by a |
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| 45 | 45 | | state agency on or after the effective date of this Act. |
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| 46 | 46 | | SECTION 5. This Act takes effect September 1, 2025. |
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