By: Johnson S.B. No. 2121
(In the Senate - Filed March 10, 2025; March 24, 2025, read
first time and referred to Committee on Business & Commerce;
April 16, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 11, Nays 0; April 16, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2121 By: Johnson
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain business entities that act as
data brokers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 509.001(4), Business & Commerce Code, as
added by Chapter 963 (S.B. 2105), Acts of the 88th Legislature,
Regular Session, 2023, is amended to read as follows:
(4) "Data broker" means a business entity that
collects, processes, or transfers [whose principal source of
revenue is derived from the collecting, processing, or transferring
of] personal data that the business entity did not collect directly
from the individual linked or linkable to the data.
SECTION 2. Section 509.003(a), Business & Commerce Code, as
added by Chapter 963 (S.B. 2105), Acts of the 88th Legislature,
Regular Session, 2023, is amended to read as follows:
(a) Except as provided by Subsection (b), this chapter
applies only to a data broker that, in a 12-month period, derives:
(1) more than 50 percent of the data broker's revenue
from processing or transferring personal data [that the data broker
did] not collected by the data broker [collect] directly from the
individuals to whom the data pertains; or
(2) revenue from processing or transferring the
personal data of more than 50,000 individuals [that the data broker
did] not collected by the data broker [collect] directly from the
individuals to whom the data pertains.
SECTION 3. It is the intent of the 89th Legislature, Regular
Session, 2025, that the amendments made by this Act be harmonized
with another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. This Act takes effect September 1, 2025.
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