Texas 2025 - 89th Regular

Texas Senate Bill SB1343 Compare Versions

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1-By: Johnson, Blanco S.B. No. 1343
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1+By: Johnson S.B. No. 1343
2+ (In the Senate - Filed February 18, 2025;
3+ February 28, 2025, read first time and referred to Committee on
4+ Business & Commerce; March 19, 2025, reported favorably by the
5+ following vote: Yeas 10, Nays 0; March 19, 2025, sent to printer.)
6+Click here to see the committee vote
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69 A BILL TO BE ENTITLED
710 AN ACT
811 relating to the notice requirements of a data broker registration
912 statement and Internet website.
1013 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1114 SECTION 1. Section 509.004, Business & Commerce Code, as
1215 added by Chapter 963 (S.B. 2105), Acts of the 88th Legislature,
1316 Regular Session, 2023, is amended to read as follows:
1417 Sec. 509.004. NOTICE ON WEBSITE OR MOBILE APPLICATION. A
1518 data broker that maintains an Internet website or mobile
1619 application shall post a conspicuous notice on the website or
1720 application that:
1821 (1) states that the entity maintaining the website or
1922 application is a data broker;
2023 (2) is clear, not misleading, and readily accessible
2124 by the general public, including individuals with a disability;
2225 [and]
2326 (3) contains language provided by rule of the
2427 secretary of state for inclusion in the notice; and
2528 (4) informs a consumer how to exercise any consumer
2629 rights the consumer may have under Chapter 541.
2730 SECTION 2. Section 509.005(b), Business & Commerce Code, as
2831 added by Chapter 963 (S.B. 2105), Acts of the 88th Legislature,
2932 Regular Session, 2023, is amended to read as follows:
3033 (b) The registration statement must include:
3134 (1) the legal name of the data broker;
3235 (2) a contact person and the primary physical address,
3336 e-mail address, telephone number, and Internet website address for
3437 the data broker;
3538 (2-a) a link to a page on the data broker's Internet
3639 website that provides consumers with specific instructions, which
3740 must be prominently displayed, on how to exercise their consumer
3841 rights under Section 541.051, and any other applicable data privacy
3942 rights under Chapter 541;
4043 (3) a description of the categories of data the data
4144 broker processes and transfers;
4245 (4) a statement of whether or not the data broker
4346 implements a purchaser credentialing process;
4447 (5) if the data broker has actual knowledge that the
4548 data broker possesses personal data of a known child:
4649 (A) a statement detailing the data collection
4750 practices, databases, sales activities, and opt-out policies that
4851 are applicable to the personal data of a known child; and
4952 (B) a statement on how the data broker complies
5053 with applicable federal and state law regarding the collection,
5154 use, or disclosure of personal data from and about a child on the
5255 Internet; and
5356 (6) the number of security breaches the data broker
5457 has experienced during the year immediately preceding the year in
5558 which the registration is filed, and if known, the total number of
5659 consumers affected by each breach.
5760 SECTION 3. Section 509.005(b), Business & Commerce Code, as
5861 amended by this Act, applies only to a registration statement
5962 submitted on or after the effective date of this Act.
6063 SECTION 4. It is the intent of the 89th Legislature, Regular
6164 Session, 2025, that the amendments made by this Act to Sections
6265 509.004 and 509.005(b), Business & Commerce Code, be harmonized
6366 with another Act of the 89th Legislature, Regular Session, 2025,
6467 relating to nonsubstantive additions to and corrections in enacted
6568 codes.
6669 SECTION 5. This Act takes effect September 1, 2025.
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