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AN ACT
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relating to the review by the Sunset Advisory Commission of the sale |
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of personal data by state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 325, Government Code, is amended by |
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adding Section 325.0124 to read as follows: |
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Sec. 325.0124. REVIEW OF AGENCY'S SALE OF PERSONAL DATA. |
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(a) In this section, "personal data" means any information |
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relating to an identified or identifiable individual that directly |
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or indirectly identifies the individual by reference to: |
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(1) an identifier for the individual, including a |
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name, an identification number, location information, or an online |
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identifier; or |
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(2) one or more factors specific to the physical, |
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physiological, genetic, mental, economic, cultural, or social |
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identity of the individual. |
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(b) As part of its review of a state agency, the commission |
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shall determine whether the state agency sells personal data the |
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agency possesses. If the state agency sells personal data, the |
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commission shall determine: |
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(1) to whom the personal data is sold; |
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(2) to the extent possible, the purpose for which the |
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personal data is sold; |
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(3) the amount the state agency receives for the sale |
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of the personal data; and |
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(4) the law that authorizes the state agency to sell |
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the personal data. |
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(c) The commission shall recommend prohibiting the sale of |
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personal data by a state agency, unless the commission identifies a |
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compelling state or public interest justifying the state agency's |
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authority to sell the personal data. If the commission recommends |
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continuing the state agency's authority to sell personal data, the |
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commission shall make any recommendations it considers necessary to |
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protect the personal data from improper use and dissemination. |
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SECTION 2. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 821 passed the Senate on |
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April 5, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 821 passed the House on |
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May 17, 2023, by the following vote: Yeas 145, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |