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.