SRC-MWN S.B. 867 77(R)BILL ANALYSIS


Senate Research CenterS.B. 867
77R6396 JRD-DBy: Nelson
Business & Commerce
3/5/2001
Committee Report (Amended)


DIGEST AND PURPOSE 

As the means by which the collection and use of personal information
swiftly evolves in areas such as medicine, government services, financial
businesses and retail commerce, public concern about privacy of personal
information grows. Corresponding rapid changes are occurring in federal and
other states' efforts to address privacy concerns, particularly in the
medical, financial, and government information sectors. Further, Texas'
move toward electronic provision of government services carries with it new
privacy implications along with the promise of increased efficiency and
effectiveness. Yet, though the state has in place laws that deal in varying
fashion with privacy, it lacks a consistent or comprehensive personal
information privacy policy. As proposed, S.B. 867 establishes an interim
privacy task force to make a focused assessment of the effect of Texas laws
on individuals, commerce, and government operation in relation to personal
information privacy concerns.  

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. TASK FORCE ON PERSONAL PRIVACY. Requires the lieutenant governor
and the speaker of the house of representatives to establish a joint
interim task force to study issues identified by this Act that affect
personal privacy. Requires the lieutenant governor to appoint five senators
and the speaker to appoint five members of the house of representatives to
the task force. Requires the task force to elect a presiding officer and
assistant presiding officer from among its members. Requires the task force
to meet at the times and places within the state that the task force
designates. Requires the task force to develop and implement policies that
provide the public with a reasonable opportunity to appear before the task
force and to speak on any issue being studied by the task force. Requires a
legislative entity to assist the task force at the request of the
lieutenant governor or the speaker  and a state agency in the executive
branch of state government to assist the task force at the request of the
task force. Provides that Chapter 2110 (State Agency Advisory Committees),
Government Code, does not apply to the size or composition of the task
force or of the advisory committee created under Section 2 of this Act. 

SECTION 2. ADVISORY COMMITTEE. Requires the task force to appoint an
advisory committee to assist it in performing its duties. Provides that the
advisory committee consists of the number of members that the task force
considers advisable. Requires the task force to appoint an approximately
equal number from the public and private sectors. Requires the
public-sector appointments to include certain representatives from state
agencies. Requires private-sector appointments to include individuals
involved in certain fields. Requires the advisory committee to include
members who understand the implications that advances in information
technology have for personal privacy. 

SECTION 3. ANALYSIS OF EXISTING AND PROPOSED LAW. Requires the task force
to identify and analyze existing and proposed privacy statutes and rules of
this state, other states, and the federal government. Requires the task
force, in performing an analysis, to address the extent to which  the
existing or proposed privacy statutes and rules benefit individuals; impose
financial, efficiency, or lost opportunity costs on governmental entities
or private businesses; and benefit commerce or benefit governmental
effectiveness or efficiency by creating an environment in which individuals
are more likely to willingly divulge information about themselves. Requires
the task force to identify and analyze other existing and proposed statutes
and rules of this state, other states, and the federal government with
respect to the manner in which the statutes and rules affect individual
privacy. Requires the task force, in performing an analysis, to address the
extent to which existing or proposed statutes and rules that affect
individual privacy impose burdens on individuals, adversely affect
individuals' lives, or contravene commonly held expectations of individual
privacy; benefit governmental entities or private businesses with respect
to increased revenues or financial gain, increased efficiency, or increased
opportunities; and affect commerce or affect governmental effectiveness by
creating an environment in which individuals become less likely to
willingly divulge information about themselves. Requires the office of the
attorney general to coordinate with and assist the task force in performing
legal analyses. 

SECTION 4. STUDY REGARDING CONSENT TO DISCLOSURE. Defines "personal
information." Requires the task force to conduct a study regarding the
advantages, disadvantages, and feasibility of requiring by law in various
circumstances that certain personal information is authorized to be
released by a governmental entity or a private business only with the prior
informed consent of the individual. 

SECTION 5. Requires the task force to report the results of its study and
its recommendations to the lieutenant governor and the speaker by November
1, 2002. Requires the task force to include in its report its conclusions
regarding the advisability of enacting legislation with respect to each of
the topics that the task force studied. 

SECTION 6. Provides that the task force and advisory committee are
abolished and this Act expires September 1, 2003. 

SECTION 7. Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed S.B. 867, to add proposed language pertaining to
requiring "the lieutenant governor to appoint five senators and the speaker
to appoint five members of the house of representatives to the task force." 

SECTION 2. Amends As Filed S.B. 867, to add  "the Texas Department of
Insurance," to the list of state agencies possibly included on the task
force's advisory committee and "consumer affairs" to the list of private
sector fields potentially represented on the advisory committee.