89R11202 BCH-F
By: Creighton S.B. No. 2459
A BILL TO BE ENTITLED
AN ACT
relating to the protection of personal identifying information of
certain persons in the judicial system; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle H, Title 2, Government
Code, is amended to read as follows:
SUBTITLE H. INFORMATION RESOURCES AND PRIVACY
SECTION 2. Subtitle H, Title 2, Government Code, is amended
by adding Chapter 92 to read as follows:
CHAPTER 92. PROTECTION OF PERSONAL IDENTIFYING INFORMATION OF
AT-RISK INDIVIDUALS COLLECTED AND STORED BY DATA BROKERS AND OTHER
PERSONS
Sec. 92.001. DEFINITIONS. In this chapter:
(1) "At-risk individual" means:
(A) a judge, as defined by Section 33.001;
(B) a court clerk; and
(C) an employee of a state court, a court clerk,
the office, or another agency in the judicial branch of state
government.
(2) "Court clerk" means the clerk of the supreme
court, the court of criminal appeals, a court of appeals, a district
court, a county court, a statutory county court, a statutory
probate court, a justice court, or a municipal court.
(3) "Covered information":
(A) means:
(i) a home address, including primary and
secondary residences;
(ii) a home or personal telephone number,
including a mobile telephone number;
(iii) an e-mail address;
(iv) a social security number or driver's
license number;
(v) bank account, credit card, or debit
card information;
(vi) a license plate number or other unique
identifier of a vehicle owned, leased, or regularly used;
(vii) the identity of a child younger than
18 years of age;
(viii) a person's date of birth;
(ix) information regarding current or
future school or day care attendance, including the name or address
of the school or day care, schedules of attendance, or routes taken
to or from the school or day care;
(x) employment information, including the
name or address of the employer, employment schedules, or routes
taken to or from the employer's location; and
(xi) photographs or videos that reveal
information listed in Subparagraphs (i)-(x); and
(B) does not include information regarding
employment with a state agency.
(4) "Data broker" has the meaning assigned by Section
509.001, Business & Commerce Code, as added by Chapter 963 (S.B. No.
2105), Acts of the 88th Legislature, Regular Session, 2023. The
term does not include a commercial entity that:
(A) is engaged in the business of:
(i) reporting, news-gathering, speaking,
or engaging in other activities intended to inform the public on
matters of public interest or public concern;
(ii) providing 411 directory assistance or
directory information services, including name, address, and
telephone number, on behalf of or as a function of a
telecommunications carrier;
(iii) using personal information
internally, by providing access to businesses under common
ownership or affiliated by corporate control, or selling or
providing data for a transaction or service requested by or
concerning the individual whose personal information is being
transferred;
(iv) providing publicly available
information using real-time or near real-time alert services for
health or safety purposes; or
(v) collecting and selling or licensing
covered information incidental to conducting the activities
described by this subdivision; or
(B) is engaged in business as:
(i) a consumer reporting agency subject to
Chapter 20, Business & Commerce Code, and the Fair Credit Reporting
Act (15 U.S.C. Section 1681 et seq.);
(ii) a financial institution subject to the
Gramm-Leach-Bliley Act (Pub. L. No. 106-102) and regulations
implementing that Act; or
(iii) a covered entity for purposes of the
privacy regulations promulgated under Section 264(c), Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
Section 1320d-2 note).
(5) "Immediate family member" means a person related
to another person within the first degree by consanguinity or
affinity, as described by Subchapter B, Chapter 573. The term
includes a foster child, ward, legal dependent, or individual
residing in the same household.
(6) "Office" means the Office of Court Administration
of the Texas Judicial System.
(7) "State agency" means a public entity in the
executive, judicial, or legislative branch of state government.
(8) "State court" means:
(A) the supreme court or the court of criminal
appeals;
(B) an appellate court, district court, or
division of the business court;
(C) a county court, constitutional county court,
statutory county court, or statutory probate court;
(D) a justice court; or
(E) a municipal court.
Sec. 92.002. DATA BROKER PROHIBITIONS. Notwithstanding any
other law, a data broker may not knowingly sell, license, trade for
consideration, transfer, or purchase covered information of an
at-risk individual or an immediate family member of the individual.
Sec. 92.003. PROHIBITION ON BUSINESSES AND OTHER PERSONS.
(a) Except as provided by Subsection (b), a person may not publicly
post or display on a publicly accessible Internet website covered
information of an at-risk individual or an immediate family member
of the individual if the at-risk individual, or the office, acting
on the individual's behalf, submits a written request to that
person not to disclose or acquire the covered information that is
the subject of the request.
(b) Subsection (a) does not apply to:
(1) covered information of an at-risk individual or an
immediate family member of the individual displayed on a publicly
accessible Internet website if the information is relevant to and
displayed as part of a news story, commentary, editorial, or other
speech on a matter of public concern;
(2) covered information that an at-risk individual
voluntarily posts on the Internet; or
(3) covered information received from a governmental
entity or an employee or agent of a governmental entity.
Sec. 92.004. REQUIRED CONDUCT. After receiving a written
request under Section 92.003, a person, including a data broker,
shall:
(1) not later than 72 hours after receipt of the
request:
(A) remove from the Internet website the covered
information identified in the request;
(B) ensure the information is not made available
on any other publicly accessible Internet website or subsidiary
website the person controls; and
(C) identify any other instances of the
information that should be removed; and
(2) assist the sender in locating the covered
information that may be posted on any publicly accessible Internet
website or subsidiary website controlled by the person.
Sec. 92.005. OFFICE PROCEDURES. The judicial security
division of the office shall develop a process by which an at-risk
individual can file a written request with the director of the
office to notify a data broker or other person, on the at-risk
individual's behalf, of a written request submitted by the
individual to remove covered information posted or displayed by the
person on a publicly accessible Internet website.
Sec. 92.006. TRANSFER. (a) Except as provided by
Subsection (b), after receiving a written request under Section
92.003, the person may not transfer the covered information to any
other person through any medium.
(b) Subsection (a) does not apply to:
(1) the transfer of the covered information that is
relevant to and displayed as part of a news story, commentary,
editorial, or other speech on a matter of public concern;
(2) covered information the at-risk individual or the
immediate family member of the individual voluntarily posts on the
Internet; or
(3) a transfer of the covered information:
(A) at the request of the at-risk individual; or
(B) as necessary to produce a request to the
person from the at-risk individual.
Sec. 92.007. CIVIL REMEDIES. (a) If the covered
information of an at-risk individual or an immediate family member
of the individual is made public as a result of a violation of this
chapter, the at-risk individual or the individual's designee may
bring an action in a court seeking injunctive or declaratory
relief.
(b) If the plaintiff prevails in an action brought under
Subsection (a), the court, in addition to issuing an order for
injunctive or declaratory relief, may:
(1) impose a fine of $500 for each day the covered
information remains public after the date on which the order for
injunctive or declaratory relief is issued; and
(2) if the defendant is not a state agency, award to
the at-risk individual, or the individual's immediate family,
exemplary damages, court costs, and reasonable attorney's fees.
Sec. 92.008. CRIMINAL OFFENSE. (a) A person commits an
offense if the person intentionally posts covered information of an
at-risk individual or an immediate family member of the individual
on a publicly accessible Internet website without first obtaining
the consent of the individual whose information was posted and:
(1) the information is posted with intent to cause or
threaten to cause harm to or harassment of an at-risk individual or
a member of the individual's immediate family; and
(2) under the circumstances, harm to or harassment of
the at-risk individual or immediate family member is a probable
consequence of the posting of the information.
(b) For purposes of Subsection (a), it is prima facie
evidence of the intent to cause or threaten to cause harm to or
harassment of an at-risk individual or a member of the individual's
immediate family if the person:
(1) receives a written request not to disclose the
covered information for safety reasons; and
(2) either:
(A) fails to remove the covered information from
the Internet website not later than 48 hours after receiving the
request; or
(B) before the fourth anniversary of the date the
business receives the request, the person reposts the covered
information on the same Internet website or another publicly
accessible Internet website or makes the information publicly
available through another medium.
(c) An offense under this section is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if the offense
results in the bodily injury of:
(1) the at-risk individual whose covered information
was posted on the Internet website; or
(2) an immediate family member of the individual.
SECTION 3. Chapter 92, Government Code, as added by this
Act, applies only to information posted on an Internet website on or
after the effective date of this Act.
SECTION 4. It is the intent of the 89th Legislature, Regular
Session, 2025, that the amendments made by this Act to Section
92.001(4), Government Code, be harmonized with another Act of the
89th Legislature, Regular Session, 2025, relating to
nonsubstantive additions to and corrections in enacted codes.
SECTION 5. This Act takes effect September 1, 2025.