4 | 7 | | |
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5 | 8 | | |
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6 | 9 | | A BILL TO BE ENTITLED |
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7 | 10 | | AN ACT |
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8 | 11 | | relating to the notice requirements of a data broker registration |
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9 | 12 | | statement and Internet website. |
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10 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 14 | | SECTION 1. Section 509.004, Business & Commerce Code, as |
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12 | 15 | | added by Chapter 963 (S.B. 2105), Acts of the 88th Legislature, |
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13 | 16 | | Regular Session, 2023, is amended to read as follows: |
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14 | 17 | | Sec. 509.004. NOTICE ON WEBSITE OR MOBILE APPLICATION. A |
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15 | 18 | | data broker that maintains an Internet website or mobile |
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16 | 19 | | application shall post a conspicuous notice on the website or |
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17 | 20 | | application that: |
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18 | 21 | | (1) states that the entity maintaining the website or |
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19 | 22 | | application is a data broker; |
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20 | 23 | | (2) is clear, not misleading, and readily accessible |
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21 | 24 | | by the general public, including individuals with a disability; |
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22 | 25 | | [and] |
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23 | 26 | | (3) contains language provided by rule of the |
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24 | 27 | | secretary of state for inclusion in the notice; and |
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25 | 28 | | (4) informs a consumer how to exercise any consumer |
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26 | 29 | | rights the consumer may have under Chapter 541. |
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27 | 30 | | SECTION 2. Section 509.005(b), Business & Commerce Code, as |
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28 | 31 | | added by Chapter 963 (S.B. 2105), Acts of the 88th Legislature, |
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29 | 32 | | Regular Session, 2023, is amended to read as follows: |
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30 | 33 | | (b) The registration statement must include: |
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31 | 34 | | (1) the legal name of the data broker; |
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32 | 35 | | (2) a contact person and the primary physical address, |
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33 | 36 | | e-mail address, telephone number, and Internet website address for |
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34 | 37 | | the data broker; |
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35 | 38 | | (2-a) a link to a page on the data broker's Internet |
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36 | 39 | | website that provides consumers with specific instructions, which |
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37 | 40 | | must be prominently displayed, on how to exercise their consumer |
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38 | 41 | | rights under Section 541.051, and any other applicable data privacy |
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39 | 42 | | rights under Chapter 541; |
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40 | 43 | | (3) a description of the categories of data the data |
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41 | 44 | | broker processes and transfers; |
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42 | 45 | | (4) a statement of whether or not the data broker |
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43 | 46 | | implements a purchaser credentialing process; |
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44 | 47 | | (5) if the data broker has actual knowledge that the |
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45 | 48 | | data broker possesses personal data of a known child: |
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46 | 49 | | (A) a statement detailing the data collection |
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47 | 50 | | practices, databases, sales activities, and opt-out policies that |
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48 | 51 | | are applicable to the personal data of a known child; and |
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49 | 52 | | (B) a statement on how the data broker complies |
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50 | 53 | | with applicable federal and state law regarding the collection, |
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51 | 54 | | use, or disclosure of personal data from and about a child on the |
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52 | 55 | | Internet; and |
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53 | 56 | | (6) the number of security breaches the data broker |
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54 | 57 | | has experienced during the year immediately preceding the year in |
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55 | 58 | | which the registration is filed, and if known, the total number of |
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56 | 59 | | consumers affected by each breach. |
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57 | 60 | | SECTION 3. Section 509.005(b), Business & Commerce Code, as |
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58 | 61 | | amended by this Act, applies only to a registration statement |
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59 | 62 | | submitted on or after the effective date of this Act. |
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60 | 63 | | SECTION 4. It is the intent of the 89th Legislature, Regular |
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61 | 64 | | Session, 2025, that the amendments made by this Act to Sections |
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62 | 65 | | 509.004 and 509.005(b), Business & Commerce Code, be harmonized |
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63 | 66 | | with another Act of the 89th Legislature, Regular Session, 2025, |
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64 | 67 | | relating to nonsubstantive additions to and corrections in enacted |
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65 | 68 | | codes. |
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66 | 69 | | SECTION 5. This Act takes effect September 1, 2025. |
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