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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 4 (the regulation of the |
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collection, use, processing, and treatment of consumers' personal |
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data by certain business entities; imposing a civil penalty) to |
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consider and take action on the following matters: |
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(1) House Rule 13, Section 9(a)(2), is suspended to permit |
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the committee to omit text not in disagreement in proposed SECTION 2 |
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of the bill, by omitting added Section 541.001(18)(E), Business & |
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Commerce Code. The omitted text reads: |
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(E) a subsidiary or affiliate of an entity |
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regulated under Subtitle B, Title 2, Utilities Code |
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Explanation: The change is necessary to omit certain entities |
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regulated under the Utilities Code from the definition of a |
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nonprofit organization. |
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(2) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 2 of the |
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bill, by adding Section 541.055(f), Business & Commerce Code, to |
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read as follows: |
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(f) A technology described by Subsection (e): |
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(1) may not unfairly disadvantage another controller; |
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(2) may not make use of a default setting, but must |
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require the consumer to make an affirmative, freely given, and |
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unambiguous choice to indicate the consumer's intent to opt out of |
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any processing of a consumer's personal data; and |
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(3) must be consumer-friendly and easy to use by the |
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average consumer. |
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Explanation: The change is necessary to ensure the bill's |
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requirements are in line with existing technology and the laws and |
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standards of other state data privacy laws. |
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(3) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to amend text not in disagreement in proposed SECTION |
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5 of the bill, in the transition language for added Section 541.152, |
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Business & Commerce Code, to read as follows: |
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SECTION 5. Not later than July 1, 2024, the attorney general |
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shall post the information and online mechanism required by Section |
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541.152, Business & Commerce Code, as added by this Act. |
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Explanation: The change is necessary to allow affected |
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parties more time to comply with the requirements of the |
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legislation. |
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(4) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to amend text not in disagreement in proposed SECTION |
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7(a) of the bill, providing the effective date, to read as follows: |
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(a) Except as provided by Subsection (b) of this section, |
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this Act takes effect July 1, 2024. |
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Explanation: The change is necessary to allow affected |
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parties more time to comply with the requirements of the |
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legislation. |