By Keffer H.B. No. 2045 75R4712 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to procedures governing the obtaining by state agencies of 1-3 information from individuals. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle A, Title 5, Government Code, is amended 1-6 by adding Chapter 559 to read as follows: 1-7 CHAPTER 559. OBTAINING INFORMATION FROM INDIVIDUALS 1-8 Sec. 559.001. APPLICABILITY. (a) This chapter applies to a 1-9 state agency in the executive branch of state government that 1-10 obtains information directly or indirectly from an individual. A 1-11 requirement that this chapter imposes on a state agency also 1-12 applies to an officer or employee of the agency except as provided 1-13 by Subsection (b). 1-14 (b) This chapter does not apply to a peace officer who, in 1-15 person, requires or requests information from an individual. 1-16 Sec. 559.002. REQUIREMENT TO INFORM. A state agency that 1-17 maintains information about individuals in an automated information 1-18 database or in any tracking system shall inform an individual at 1-19 the time the agency requests or requires information from the 1-20 individual: 1-21 (1) about the purposes for which the information will 1-22 be used; and 1-23 (2) whether the individual is required to furnish the 1-24 information or may refuse to furnish the information. 2-1 Sec. 559.003. FORM TO AUTHORIZE STORING INFORMATION IN 2-2 AUTOMATED DATABASE. (a) Each state agency shall prescribe a form 2-3 that an individual may use to authorize the agency to place and 2-4 maintain information about the individual in an automated 2-5 information database. An agency may prescribe the form or maintain 2-6 a suitable form prescribed by another agency. 2-7 (b) A state agency may not place or maintain in an automated 2-8 information database information about an individual that the state 2-9 agency or another state or local governmental entity obtains from 2-10 the individual and that the individual is not required to furnish 2-11 to the state or to a local government, unless the individual has 2-12 signed the agency's form that authorizes the agency to do so. 2-13 Sec. 559.004. FORM TO AUTHORIZE REMOVAL OF INFORMATION FROM 2-14 AUTOMATED DATABASE. (a) Each state agency shall prescribe a form 2-15 that an individual may use to authorize the agency to remove 2-16 information about the individual from an automated information 2-17 database. An agency may prescribe the form or maintain a suitable 2-18 form prescribed by another agency. 2-19 (b) A state agency, officer, or employee does not violate 2-20 Section 37.10, Penal Code, Section 552.351 of this code, Chapter 2-21 441 of this code, or any other state law by removing information 2-22 about an individual from an automated information database in 2-23 accordance with the individual's written authorization, except as 2-24 provided by Subsection (c). 2-25 (c) This section does not authorize a state agency, officer, 2-26 or employee to remove information about an individual from an 2-27 automated information database under circumstances in which: 3-1 (1) the agency is required by law to maintain the 3-2 information; 3-3 (2) the information is the subject of a pending 3-4 request for the information made under Chapter 552 or other law; or 3-5 (3) the information is relevant to an investigation or 3-6 official proceeding that is pending or in progress. 3-7 SECTION 2. Chapter 559, Government Code, as added by this 3-8 Act, applies only to information obtained by a state agency on or 3-9 after January 1, 1998. 3-10 SECTION 3. The importance of this legislation and the 3-11 crowded condition of the calendars in both houses create an 3-12 emergency and an imperative public necessity that the 3-13 constitutional rule requiring bills to be read on three several 3-14 days in each house be suspended, and this rule is hereby suspended.