1-1     By:  McCall, Wolens, et al. (Senate Sponsor-Duncan)   H.B. No. 1922
 1-2           (In the Senate - Received from the House April 17, 2001;
 1-3     April 18, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 7, 2001, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 7, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to state government privacy policy.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1. Subtitle A, Title 5, Government Code, is amended
1-11     by adding Chapter 559 to read as follows:
1-12               CHAPTER 559.  STATE GOVERNMENT PRIVACY POLICIES
1-13           Sec. 559.001.  DEFINITION.  In this chapter, "state
1-14     governmental body" means a governmental body as defined by Section
1-15     552.003 that is part of state government.
1-16           Sec. 559.002.  RIGHT TO BE INFORMED ABOUT INFORMATION
1-17     COLLECTED.  It is the policy of this state that an individual is
1-18     entitled to be informed about information that a state governmental
1-19     body collects about the individual unless the state governmental
1-20     body is allowed to withhold the information from the individual
1-21     under Section 552.023.
1-22           Sec. 559.003.  RIGHT TO NOTICE ABOUT CERTAIN INFORMATION LAWS
1-23     AND PRACTICES.  (a)  Each state governmental body that collects
1-24     information about an individual by means of a form that the
1-25     individual completes and files with the governmental body in a
1-26     paper format or in an electronic format on an Internet site shall
1-27     prominently state, on the paper form and prominently post on the
1-28     Internet site in connection with the electronic form, that:
1-29                 (1)  with few exceptions, the individual is entitled on
1-30     request to be informed about the information that the state
1-31     governmental body collects about the individual;
1-32                 (2)  under Sections 552.021 and 552.023 of the
1-33     Government Code, the individual is entitled to receive and review
1-34     the information; and
1-35                 (3)  under Section 559.004 of the Government Code, the
1-36     individual is entitled to have the state governmental body correct
1-37     information about the individual that is incorrect.
1-38           (b)  Each state governmental body that collects information
1-39     about an individual by means of an Internet site or that collects
1-40     information about the computer network location or identity of a
1-41     user of the Internet site shall prominently post on the Internet
1-42     site what information is being collected through the site about the
1-43     individual or about the computer network location or identity of a
1-44     user of the site, including what information is being collected by
1-45     means that are not obvious.
1-46           Sec. 559.004.  RIGHT TO CORRECTION OF INCORRECT INFORMATION.
1-47     Each state governmental body shall establish a reasonable procedure
1-48     under which an individual is entitled to have the state
1-49     governmental body correct information about the individual that is
1-50     possessed by the state governmental body and that is incorrect.
1-51     The procedure may not unduly burden an individual using the
1-52     procedure.
1-53           Sec. 559.005.  APPLICABILITY OF AND CONSTRUCTION WITH PUBLIC
1-54     INFORMATION LAW.  (a)  Chapter 552 governs the charges that a state
1-55     governmental body may impose on an individual who requests
1-56     information the governmental body collects about the individual.
1-57     The governmental body may not charge an individual to correct
1-58     information about the individual.
1-59           (b)  To the extent of a conflict between this chapter and the
1-60     public information law, Chapter 552, Chapter 552 controls.
1-61           SECTION 2. (a)  The lieutenant governor and the speaker of
1-62     the house of representatives shall establish a privacy task force
1-63     to study issues related to the information practices of state
1-64     government that affect personal privacy.
 2-1           (b)  The lieutenant governor and the speaker shall each
 2-2     appoint five members to the task force.  In making the
 2-3     appointments, the lieutenant governor and the speaker shall make an
 2-4     effort to ensure that the composition of the task force includes
 2-5     members with a demonstrated interest in and knowledge regarding:
 2-6                 (1)  consumer issues;
 2-7                 (2)  business issues;
 2-8                 (3)  issues related to the openness and accessibility
 2-9     of government records; and
2-10                 (4)  issues related to conducting business transactions
2-11     electronically.
2-12           (c)  The task force shall elect a presiding officer and
2-13     assistant presiding officer from among its members.
2-14           (d)  The task force shall meet:
2-15                 (1)  as directed by the lieutenant governor and the
2-16     speaker, if applicable; and
2-17                 (2)  otherwise as determined by the members of the task
2-18     force but not less often than quarterly, beginning not later than
2-19     September 30, 2001.
2-20           (e)  A legislative agency shall assist the task force at the
2-21     request of the lieutenant governor or the speaker, and a state
2-22     agency in the executive branch of state government shall assist the
2-23     task force at the request of the task force.
2-24           (f)  The task force shall:
2-25                 (1)  identify the types of personal information about
2-26     individuals that are being collected by state governmental bodies
2-27     and how the information, once collected, is used;
2-28                 (2)  identify how state governmental bodies disseminate
2-29     personal information about individuals, including the extent to
2-30     which the information is sold or given to commercial enterprises;
2-31                 (3)  identify existing protections in state law and
2-32     administrative rules against unwarranted disclosure of personal
2-33     information about individuals and recommend legislation or rule
2-34     changes to enhance protections against unwarranted disclosure;
2-35                 (4)  assess the impact that evolving technologies have
2-36     on the collection, dissemination, and use of personal information
2-37     by state governmental bodies;
2-38                 (5)  identify the benefits and detriments of
2-39     information sharing among state governmental bodies that collect,
2-40     store, and disseminate information relating to individuals and
2-41     businesses;
2-42                 (6)  determine the proper role of state government in
2-43     the context of federal law and federal regulations in establishing
2-44     statutory and regulatory privacy protections;
2-45                 (7)  recommend steps to ensure that personal
2-46     information transmitted to, by, or from state governmental bodies
2-47     in an electronic format is adequately encrypted and secured to
2-48     protect individuals' privacy;
2-49                 (8)  recommend legislation and changes in
2-50     administrative policy governing the collection, storage, and
2-51     transfer of information among and within state governmental bodies;
2-52                 (9)  recommend legislation under which an individual
2-53     would have the right to be notified if a state governmental body
2-54     proposed to sell personally identifiable information about the
2-55     individual and would have the right to prohibit the sale unless the
2-56     sale was in furtherance of the statutory duties of the state
2-57     governmental body; and
2-58                 (10)  assess and analyze federal laws, regulations, and
2-59     practices that affect, may affect, or could serve as a model for
2-60     state government or commercial privacy practices and recommend
2-61     legislation based on its assessment and analysis.
2-62           (g)  The task force shall report the results of its study and
2-63     its recommendations to the lieutenant governor and the speaker by
2-64     September 1, 2002.
2-65           (h)  Unless continued in existence at the direction of the
2-66     lieutenant governor and the speaker, the task force is abolished
2-67     and this section expires September 1, 2003.
2-68           SECTION 3. Each state governmental body must be in compliance
2-69     with Chapter 559, Government Code, as added by this Act, before
 3-1     January 1, 2002.
 3-2           SECTION 4. This Act takes effect September 1, 2001.
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