HBA-KDB H.B. 1922 77(R)    HBA-KDB C.S.H.B. 1922 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1922
By: McCall
State Affairs
3/22/2001
Committee Report (Substituted)



BACKGROUND 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.  C.S.H.B. 1922 provides that an individual has a right to be
informed about information collected about the individual by government
agencies, a right to notice about certain information collection practices,
and a right to make a correction of incorrect information compiled about
the individual.  The bill also establishes a privacy task force to study
and make recommendations to the legislature on the state's privacy
policies. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 1922 amends the Government Code relating to state government
privacy policies.  The 
bill entitles an individual to be informed about information that a state
governmental body collects about the individual unless the state
governmental body is allowed by law to withhold the information from the
individual.  The bill requires each state governmental body that collects
information about an individual by means of a form that the individual
completes and files with the governmental body in a paper format or in an
electronic format on an Internet site to prominently state on the paper
form and prominently post on the Internet site in connection with the
electronic form, that: 

 _with few exceptions, the individual is entitled on request to be informed
about the information that the state governmental body collects about the
individual; 

 _the individual is entitled to receive and review the information; and

 _the individual is entitled to have the state governmental body correct
information about the individual that is incorrect. 

The bill requires each state governmental 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 the computer
network location or identity of a user of the site, including what
information is being collected by means that are not obvious.  The bill
requires each state governmental body to establish a reasonable procedure
under which an individual is entitled to have the state governmental body
correct information that is incorrect.  The bill prohibits the procedure
from unduly burdening an individual using the procedure.  The existing
public information provisions govern the charges that a state governmental
body is authorized to impose on an individual who requests information the
governmental body collects about the individual.  The bill prohibits the
governmental body from charging an individual to correct information about
the individual.  
 
The bill provides that each state governmental body must be in compliance
with the bill before January 1, 2002. 

The bill 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.  The bill sets forth provisions for the composition,
administration, duties, and abolition of the privacy task force.  The bill
requires the task force to report the results of its study and its
recommendations by September 1, 2002. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1922 modifies the original bill by decreasing from nine to five
the number of members of the privacy task force that the lieutenant
governor and the speaker of the house of representatives are required to
appoint.  The substitute removes the provision that requires the privacy
task force to educate and inform the public, focus public debate, and
suggest personal privacy safeguards that must be followed within  state
government.  The substitute adds to the original bill by requiring the
privacy task force to assess and analyze federal laws, regulations, and
practices that affect, may affect, or could serve as a model for commercial
privacy practices, in addition to state government practices, and recommend
legislation based on its assessment and analysis.