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House Bill 698 |
House Author: McCall |
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Effective: 9-1-05 |
Senate Sponsor: Averitt |
House Bill 698 amends the Business & Commerce Code to require a business that disposes of a business record that contains certain personal identifying information of a customer of the business to modify, by shredding or erasing or by other means, the information to make it unreadable or undecipherable. The bill provides that a business that fails to dispose of such a business record in the prescribed manner is liable for a civil penalty of up to $500 for each record, and it authorizes the attorney general to bring an action against the business to recover the penalty and court costs and to obtain any remedy, including injunctive relief. The bill establishes when a business is not liable for the penalty and when a business is not required to modify a record, and it exempts certain entities from the bill's requirements.