1-1 AN ACT
1-2 relating to state government privacy policy.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle A, Title 5, Government Code, is amended
1-5 by adding Chapter 559 to read as follows:
1-6 CHAPTER 559. STATE GOVERNMENT PRIVACY POLICIES
1-7 Sec. 559.001. DEFINITION. In this chapter, "state
1-8 governmental body" means a governmental body as defined by Section
1-9 552.003 that is part of state government.
1-10 Sec. 559.002. RIGHT TO BE INFORMED ABOUT INFORMATION
1-11 COLLECTED. It is the policy of this state that an individual is
1-12 entitled to be informed about information that a state governmental
1-13 body collects about the individual unless the state governmental
1-14 body is allowed to withhold the information from the individual
1-15 under Section 552.023.
1-16 Sec. 559.003. RIGHT TO NOTICE ABOUT CERTAIN INFORMATION LAWS
1-17 AND PRACTICES. (a) Each state governmental body that collects
1-18 information about an individual by means of a form that the
1-19 individual completes and files with the governmental body in a
1-20 paper format or in an electronic format on an Internet site shall
1-21 prominently state, on the paper form and prominently post on the
1-22 Internet site in connection with the electronic form, that:
1-23 (1) with few exceptions, the individual is entitled on
1-24 request to be informed about the information that the state
2-1 governmental body collects about the individual;
2-2 (2) under Sections 552.021 and 552.023 of the
2-3 Government Code, the individual is entitled to receive and review
2-4 the information; and
2-5 (3) under Section 559.004 of the Government Code, the
2-6 individual is entitled to have the state governmental body correct
2-7 information about the individual that is incorrect.
2-8 (b) Each state governmental body that collects information
2-9 about an individual by means of an Internet site or that collects
2-10 information about the computer network location or identity of a
2-11 user of the Internet site shall prominently post on the Internet
2-12 site what information is being collected through the site about the
2-13 individual or about the computer network location or identity of a
2-14 user of the site, including what information is being collected by
2-15 means that are not obvious.
2-16 Sec. 559.004. RIGHT TO CORRECTION OF INCORRECT INFORMATION.
2-17 Each state governmental body shall establish a reasonable procedure
2-18 under which an individual is entitled to have the state
2-19 governmental body correct information about the individual that is
2-20 possessed by the state governmental body and that is incorrect.
2-21 The procedure may not unduly burden an individual using the
2-22 procedure.
2-23 Sec. 559.005. APPLICABILITY OF AND CONSTRUCTION WITH PUBLIC
2-24 INFORMATION LAW. (a) Chapter 552 governs the charges that a state
2-25 governmental body may impose on an individual who requests
2-26 information the governmental body collects about the individual.
2-27 The governmental body may not charge an individual to correct
3-1 information about the individual.
3-2 (b) To the extent of a conflict between this chapter and the
3-3 public information law, Chapter 552, Chapter 552 controls.
3-4 SECTION 2. (a) The lieutenant governor and the speaker of
3-5 the house of representatives shall establish a privacy task force
3-6 to study issues related to the information practices of state
3-7 government that affect personal privacy.
3-8 (b) The lieutenant governor and the speaker shall each
3-9 appoint seven members to the task force. Two of the members
3-10 appointed by the lieutenant governor must be members of the senate.
3-11 Two of the members appointed by the speaker must be members of the
3-12 house of representatives. In making the appointments, the
3-13 lieutenant governor and the speaker shall make an effort to ensure
3-14 that the composition of the task force includes members with a
3-15 demonstrated interest in and knowledge regarding:
3-16 (1) consumer issues;
3-17 (2) business issues;
3-18 (3) issues related to the openness and accessibility
3-19 of government records; and
3-20 (4) issues related to conducting business transactions
3-21 electronically.
3-22 (c) The task force shall elect a presiding officer and
3-23 assistant presiding officer from among its members.
3-24 (d) The task force shall meet:
3-25 (1) as directed by the lieutenant governor and the
3-26 speaker, if applicable; and
3-27 (2) otherwise as determined by the members of the task
4-1 force but not less often than quarterly, beginning not later than
4-2 September 30, 2001.
4-3 (e) A legislative agency shall assist the task force at the
4-4 request of the lieutenant governor or the speaker, and a state
4-5 agency in the executive branch of state government shall assist the
4-6 task force at the request of the task force.
4-7 (f) The task force shall:
4-8 (1) identify the types of personal information about
4-9 individuals that are being collected by state governmental bodies
4-10 and how the information, once collected, is used;
4-11 (2) identify how state governmental bodies disseminate
4-12 personal information about individuals, including the extent to
4-13 which the information is sold or given to commercial enterprises;
4-14 (3) identify existing protections in state law and
4-15 administrative rules against unwarranted disclosure of personal
4-16 information about individuals and recommend legislation or rule
4-17 changes to enhance protections against unwarranted disclosure;
4-18 (4) assess the impact that evolving technologies have
4-19 on the collection, dissemination, and use of personal information
4-20 by state governmental bodies;
4-21 (5) identify the benefits and detriments of
4-22 information sharing among state governmental bodies that collect,
4-23 store, and disseminate information relating to individuals and
4-24 businesses;
4-25 (6) determine the proper role of state government in
4-26 the context of federal law and federal regulations in establishing
4-27 statutory and regulatory privacy protections;
5-1 (7) recommend steps to ensure that personal
5-2 information transmitted to, by, or from state governmental bodies
5-3 in an electronic format is adequately encrypted and secured to
5-4 protect individuals' privacy;
5-5 (8) recommend legislation and changes in
5-6 administrative policy governing the collection, storage, and
5-7 transfer of information among and within state governmental bodies;
5-8 (9) recommend legislation under which an individual
5-9 would have the right to be notified if a state governmental body
5-10 proposed to sell personally identifiable information about the
5-11 individual and would have the right to prohibit the sale unless the
5-12 sale was in furtherance of the statutory duties of the state
5-13 governmental body; and
5-14 (10) assess and analyze federal laws, regulations, and
5-15 practices that affect, may affect, or could serve as a model for
5-16 state government or commercial privacy practices and recommend
5-17 legislation based on its assessment and analysis.
5-18 (g) The task force shall report the results of its study and
5-19 its recommendations to the lieutenant governor and the speaker by
5-20 September 1, 2002.
5-21 (h) Unless continued in existence at the direction of the
5-22 lieutenant governor and the speaker, the task force is abolished
5-23 and this section expires September 1, 2003.
5-24 SECTION 3. Each state governmental body must be in compliance
5-25 with Chapter 559, Government Code, as added by this Act, before
5-26 January 1, 2002.
5-27 SECTION 4. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1922 was passed by the House on April
11, 2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1922 on May 21, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1922 on May 26, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1922 was passed by the Senate, with
amendments, on May 17, 2001, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 1922 on May 26, 2001,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor