By Janek H.B. No. 611
76R201 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to confidentiality of certain personal information
1-3 provided by a customer to a business; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 35, Business and Commerce Code, is
1-6 amended by adding Subchapter J to read as follows:
1-7 SUBCHAPTER J. CONFIDENTIALITY OF CERTAIN PERSONAL
1-8 INFORMATION PROVIDED BY CUSTOMER TO BUSINESS
1-9 Sec. 35.111. DEFINITIONS. In this subchapter:
1-10 (1) "Consumer reporting agency" means a person that,
1-11 for a monetary fee or payment of dues, or on a cooperative
1-12 nonprofit basis, regularly engages in the practice of assembling or
1-13 evaluating consumer credit information or other information on
1-14 consumers in order to furnish consumer reports to third parties.
1-15 (2) "Personal information" means an individual's name,
1-16 address, telephone number, driver's license number, or social
1-17 security number.
1-18 Sec. 35.112. CONFIDENTIALITY OF PERSONAL INFORMATION. (a)
1-19 Except as provided by Section 35.114 of this code, a business may
1-20 not disclose personal information in a customer's account records
1-21 if the customer requests that the business keep the information
1-22 confidential.
1-23 (b) The customer may request confidentiality by delivering
1-24 to the business an appropriately marked form provided under Section
2-1 35.113(a)(2) of this code or any other written request for
2-2 confidentiality.
2-3 (c) The customer may rescind a request for confidentiality
2-4 by providing the business written permission to disclose personal
2-5 information.
2-6 Sec. 35.113. NOTICE; REQUESTS. (a) A business shall
2-7 include with any bill sent or application it provides to a
2-8 customer:
2-9 (1) a notice of the customer's right to request
2-10 confidentiality of personal information under this subchapter; and
2-11 (2) a form by which the customer may request
2-12 confidentiality by marking an appropriate box on the form and
2-13 returning it to the business.
2-14 (b) A business that reports a customer's credit information
2-15 to a consumer reporting agency shall provide to the agency a copy
2-16 of any written request for confidentiality made by the customer
2-17 under this subchapter.
2-18 Sec. 35.114. EXCEPTIONS. This subchapter does not prohibit
2-19 a business from disclosing personal information in a customer's
2-20 account records to:
2-21 (1) an official or employee of the state, a political
2-22 subdivision of the state, or the federal government acting in an
2-23 official capacity;
2-24 (2) a consumer reporting agency;
2-25 (3) a person for whom the customer has contractually
2-26 waived confidentiality for personal information; or
2-27 (4) a person to whom the disclosure of the information
3-1 is required by law.
3-2 Sec. 35.115. USE OF PERSONAL INFORMATION OBTAINED BY
3-3 CONSUMER REPORTING AGENCY. A consumer reporting agency may not
3-4 disclose confidential personal information under this subchapter
3-5 for a purpose unrelated to the furnishing of a consumer report to
3-6 a third party unless disclosure of the information is made to a
3-7 person described by Section 35.114 of this code.
3-8 Sec. 35.116. PENALTY. (a) A person commits an offense if
3-9 the person discloses confidential personal information in violation
3-10 of this subchapter.
3-11 (b) An offense under this section is a Class B misdemeanor.
3-12 SECTION 2. This Act takes effect September 1, 1999.
3-13 SECTION 3. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.