89R16074 GP-D
By: Hinojosa H.B. No. 5281
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the dissemination of certain personal
identifying information by a state agency to the federal
government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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.
(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 3. Chapter 2062, Government Code, is amended by
adding Section 2062.003 to read as follows:
Sec. 2062.003. DISSEMINATION OF CERTAIN PERSONAL
IDENTIFYING INFORMATION PROHIBITED; EXCEPTIONS. (a) Except as
provided by Subsection (b), a state agency may not disseminate to
the federal government or a federal official any document or other
data that includes the personal identifying information of a person
that has not been redacted or otherwise anonymized.
(b) A state agency may disseminate information described by
Subsection (a) with respect to a person if the dissemination is:
(1) necessary to comply with or implement a federal or
state law or program; or
(2) authorized in writing by the person.
(c) A state agency shall retain the written consent of a
person obtained under this section in the state agency's records.
SECTION 4. 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 5. This Act takes effect September 1, 2025.