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A BILL TO BE ENTITLED
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AN ACT
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relating to consent for the use or possession of personal |
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identifying information under the Identity Theft Enforcement and |
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Protection Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.051, Business & Commerce Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) A person may not obtain, possess, transfer, or use |
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personal identifying information of another person without the |
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other person's consent or effective consent and with intent to |
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obtain a good, a service, insurance, an extension of credit, or any |
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other thing of value in the other person's name. |
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(a-1) For purposes of this section, "effective consent" |
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includes consent given by a person legally authorized to act on |
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behalf of the person from whom consent is required. Consent is not |
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effective if: |
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(1) induced by force, threat, fraud, or coercion; or |
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(2) given by a person who by reason of youth, mental |
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illness, or intellectual disability is known by the actor to be |
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unable to make reasonable decisions. |
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SECTION 2. Section 521.051, Business & Commerce Code, as |
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amended by this Act, applies only to a violation that occurs on or |
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after the effective date of this Act. A violation occurs before the |
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effective date of this Act if any element of the violation occurs |
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before that date. A violation that occurs before the effective date |
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of this Act is governed by the law in effect on the date the |
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violation occurred, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |