| 2 | | - | (In the Senate - Filed March 10, 2025; March 24, 2025, read |
|---|
| 3 | | - | first time and referred to Committee on Business & Commerce; |
|---|
| 4 | | - | April 16, 2025, reported adversely, with favorable Committee |
|---|
| 5 | | - | Substitute by the following vote: Yeas 11, Nays 0; April 16, 2025, |
|---|
| 6 | | - | sent to printer.) |
|---|
| 7 | | - | Click here to see the committee vote |
|---|
| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 2121 By: Johnson |
|---|
| 18 | | - | SECTION 1. Section 509.001(4), Business & Commerce Code, as |
|---|
| 19 | | - | added by Chapter 963 (S.B. 2105), Acts of the 88th Legislature, |
|---|
| 20 | | - | Regular Session, 2023, is amended to read as follows: |
|---|
| 21 | | - | (4) "Data broker" means a business entity that |
|---|
| 22 | | - | collects, processes, or transfers [whose principal source of |
|---|
| 23 | | - | revenue is derived from the collecting, processing, or transferring |
|---|
| 24 | | - | of] personal data that the business entity did not collect directly |
|---|
| 25 | | - | from the individual linked or linkable to the data. |
|---|
| 26 | | - | SECTION 2. Section 509.003(a), Business & Commerce Code, as |
|---|
| 12 | + | SECTION 1. Section 509.003(a), Business & Commerce Code, as |
|---|
| 30 | | - | applies only to a data broker that, in a 12-month period, derives: |
|---|
| 31 | | - | (1) more than 50 percent of the data broker's revenue |
|---|
| 32 | | - | from processing or transferring personal data [that the data broker |
|---|
| 33 | | - | did] not collected by the data broker [collect] directly from the |
|---|
| 34 | | - | individuals to whom the data pertains; or |
|---|
| 16 | + | applies only to a business entity [data broker] that, in a 12-month |
|---|
| 17 | + | period, derives: |
|---|
| 18 | + | (1) more than 50 percent of the business entity's [data |
|---|
| 19 | + | broker's] revenue from processing or transferring personal data |
|---|
| 20 | + | that the business entity [data broker] did not collect directly |
|---|
| 21 | + | from the individuals to whom the data pertains; or |
|---|
| 36 | | - | personal data of more than 50,000 individuals [that the data broker |
|---|
| 37 | | - | did] not collected by the data broker [collect] directly from the |
|---|
| 38 | | - | individuals to whom the data pertains. |
|---|
| 39 | | - | SECTION 3. It is the intent of the 89th Legislature, Regular |
|---|
| 40 | | - | Session, 2025, that the amendments made by this Act be harmonized |
|---|
| 41 | | - | with another Act of the 89th Legislature, Regular Session, 2025, |
|---|
| 42 | | - | relating to nonsubstantive additions to and corrections in enacted |
|---|
| 43 | | - | codes. |
|---|
| 44 | | - | SECTION 4. This Act takes effect September 1, 2025. |
|---|
| 45 | | - | * * * * * |
|---|
| 23 | + | personal data of more than 50,000 individuals that the business |
|---|
| 24 | + | entity [data broker] did not collect directly from the individuals |
|---|
| 25 | + | to whom the data pertains. |
|---|
| 26 | + | SECTION 2. It is the intent of the 89th Legislature, Regular |
|---|
| 27 | + | Session, 2025, that the amendments made by this Act to Section |
|---|
| 28 | + | 509.003(a), Business & Commerce Code, as added by Chapter 963 (S.B. |
|---|
| 29 | + | 2105), Acts of the 88th Legislature, Regular Session, 2023, be |
|---|
| 30 | + | harmonized with another Act of the 89th Legislature, Regular |
|---|
| 31 | + | Session, 2025, relating to nonsubstantive additions to and |
|---|
| 32 | + | corrections in enacted codes. |
|---|
| 33 | + | SECTION 3. This Act takes effect September 1, 2025. |
|---|