SRC-BWC H.B. 1922 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1922
77R9133 JRD-DBy: McCall (Duncan)
State Affairs
4/30/2001
Engrossed


DIGEST AND PURPOSE 

Recent advances in technology have produced new ways of collecting,
storing, and retrieving information with greater ease than before.
However, these advances may cause individuals to feel relatively helpless
in controlling how their personal information is being used by the
government.  H.B. 1922 establishes guidelines for the state in personal
information collection that paces technology advances.  The bill requires
each state governmental body that collects information about an individual,
either through a paper or electronic format, to prominently state that the
individual is entitled to receive and review the information collected.
H.B. 1922 mandates each state governmental body to establish a reasonable
procedure for correcting personal information without imposing a charge on
the individual, unless the provision conflicts with the open record
requirements.  H.B. 1922 also creates a state privacy task force to
research privacy issues and recommend legislation to protect personal
information collected by the state. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 5A, Government Code, by adding Chapter 559, as
follows: 

CHAPTER 559.  STATE GOVERNMENT PRIVACY POLICIES

 Sec. 559.001.  DEFINITIONS.  Defines "state governmental body."  

Sec. 559.002.  RIGHT TO BE INFORMED ABOUT INFORMATION COLLECTED. Provides
that it is the policy of this state that an individual is entitled to be
informed about information that a state governmental body (body) collects
about the individual unless the state governmental body is allowed to
withhold the information from the individual under Section 552.023. 

Sec. 559.003.  RIGHT TO NOTICE ABOUT CERTAIN INFORMATION LAWS AND
PRACTICES.  Requires each body that collects information about an
individual by means of a form completed by an individual and files with the
body in a paper or electronic format on an Internet site to prominently
state certain information on the paper form and prominently post on the
Internet site in connection with the electronic form.  Requires each body
that collects information about an individual by means of an Internet site
or that collects information about the computer network location or
identity of a user of the Internet site to prominently post on the Internet
site what information is being collected through the site about the
individual or about the computer network location or identity of a user of
the site, including what information is being collected by means that are
not obvious. 

Sec. 559.004.  RIGHT TO CORRECTION OF INCORRECT INFORMATION.  Requires
each body to establish a reasonable procedure under which an individual is
entitled to have the body correct information about the individual that is
possessed by the body and that is incorrect.  Prohibits the procedure from
unduly burdening an individual using the procedure.   

Sec. 559.005.  APPLICABILITY OF AND CONSTRUCTION WITH PUBLIC INFORMATION
LAW.  Provides that Chapter 552 governs the charges that a body may impose
on an individual who requests information the body collects about the
individual. Prohibits the body from charging an individual to correct
information about the individual. Provides that to the extent of a conflict
between this chapter and the public information law, that law controls. 

SECTION 2.  (a)  Requires the lieutenant governor and the speaker of the
house of representatives to establish a privacy task force to study issues
related to the information practices of state government that affect
personal privacy. 

(b)  Requires the lieutenant governor and the speaker to each appoint five
members to the task force.  Requires the lieutenant governor and the
speaker, in making the appointments, to make an effort to ensure that the
composition of the task force includes members with a demonstrated interest
in and knowledge regarding certain information. 

(c)  Requires the task force to elect a presiding officer and assistant
presiding officer from among its members. 

(d)  Requires the task force to meet as directed by the lieutenant governor
and the speaker, if applicable, and otherwise as determined by the members
of the task force but not less often than quarterly, beginning not later
than September 30, 2001. 

(e)  Requires a legislative agency to assist the task force at the request
of the lieutenant governor or the speaker, and requires a state agency in
the executive branch of state government to assist the task force at the
request of the task force. 

 (f)  Requires the task force to complete certain tasks.

(g)  Requires the task force to report the results of its study and its
recommendations to the lieutenant governor and the speaker by September 1,
2002. 

(h)  Provides that unless continued in existence at the direction of the
lieutenant governor and the speaker, the task force is abolished and this
section expires September 1, 2003. 

SECTION 3.  Requires each state governmental body to be in compliance with
Chapter 559, Government Code, as added by this Act, before January 1, 2002. 

SECTION 4.  Effective date: September 1, 2001.