By Nelson, et al.                                      S.B. No. 867
         77R6396 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation, operation, and duties of a joint interim
 1-3     task force to study various issues affecting personal privacy.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  TASK FORCE ON PERSONAL PRIVACY. (a)  The
 1-6     lieutenant governor and the speaker of the house of representatives
 1-7     shall establish a joint interim task force to study issues
 1-8     identified by this Act that affect personal privacy.
 1-9           (b)  The lieutenant governor and the speaker shall each
1-10     appoint five members to the task force.
1-11           (c)  The task force shall elect a presiding officer and
1-12     assistant presiding officer from among its members.
1-13           (d)  The task force shall meet at the times and places within
1-14     the state that the task force designates.  The task force shall
1-15     develop and implement policies that provide the public with a
1-16     reasonable opportunity to appear before the task force and to speak
1-17     on any issue being studied by the task force.
1-18           (e)  A legislative entity shall assist the task force at the
1-19     request of the lieutenant governor or the speaker, and a state
1-20     agency in the executive branch of state government shall assist the
1-21     task force at the request of the task force.
1-22           (f)  Chapter 2110, Government Code, does not apply to the
1-23     size or composition of the task force or of the advisory committee
1-24     created under Section 2 of this Act.
 2-1           SECTION 2.  ADVISORY COMMITTEE. (a)  The task force shall
 2-2     appoint an advisory committee to assist it in performing its
 2-3     duties.
 2-4           (b)  The advisory committee consists of the number of members
 2-5     that the task force considers advisable.  The task force shall
 2-6     appoint an approximately equal number of members from the public
 2-7     and private sectors.  Public-sector appointments must include
 2-8     representatives from state agencies such as the office of the
 2-9     comptroller, the office of the governor, the office of the attorney
2-10     general, the office of the state auditor, the Department of
2-11     Information Resources, the Texas Department of Banking, and the
2-12     Health and Human Services Commission.  Private-sector appointments
2-13     must include individuals involved in fields such as banking,
2-14     marketing, the news media, medicine, and information technology.
2-15     The advisory committee must include members who understand the
2-16     implications that advances in information technology have for
2-17     personal privacy.
2-18           SECTION 3.  ANALYSIS OF EXISTING AND PROPOSED LAW. (a)  The
2-19     task force shall identify and analyze existing and proposed privacy
2-20     statutes and rules of this state, other states, and the federal
2-21     government.  In performing an analysis under this subsection, the
2-22     task force shall address the extent to which the existing or
2-23     proposed privacy statutes and rules:
2-24                 (1)  benefit individuals;
2-25                 (2)  impose financial, efficiency, or lost opportunity
2-26     costs on governmental entities or private businesses; and
2-27                 (3)  benefit commerce or benefit governmental
 3-1     effectiveness or efficiency by creating an environment in which
 3-2     individuals are more likely to willingly divulge information about
 3-3     themselves.
 3-4           (b)  The task force shall identify and analyze other existing
 3-5     and proposed statutes and rules of this state, other states, and
 3-6     the federal government with respect to the manner in which the
 3-7     statutes and rules affect individual privacy.  In performing an
 3-8     analysis under this subsection, the task force shall address the
 3-9     extent to which existing or proposed statutes and rules that affect
3-10     individual privacy:
3-11                 (1)  impose burdens on individuals, adversely affect
3-12     individuals' lives, or contravene commonly held expectations of
3-13     individual privacy;
3-14                 (2)  benefit governmental entities or private
3-15     businesses with respect to increased revenues or financial gain,
3-16     increased efficiency, or increased opportunities; and
3-17                 (3)  affect commerce or affect governmental
3-18     effectiveness or efficiency by creating an environment in which
3-19     individuals become less likely to willingly divulge information
3-20     about themselves.
3-21           (c)  The office of the attorney general shall coordinate with
3-22     and assist the task force in performing legal analyses under this
3-23     section.
3-24           SECTION 4.  STUDY REGARDING CONSENT TO DISCLOSURE. (a)  In
3-25     this section, "personal information" means information about an
3-26     individual such as:
3-27                 (1)  the individual's address, telephone number, social
 4-1     security number, date of birth, physical characteristics, and
 4-2     similar information about the individual;
 4-3                 (2)  information about an individual's marital status
 4-4     or history, whether the individual has family members, and
 4-5     information about the individual's family members; and
 4-6                 (3)  personally identifiable information about the
 4-7     individual's health or health history, finances or financial
 4-8     history, and consumer history.
 4-9           (b)  The task force shall conduct a study regarding the
4-10     advantages, disadvantages, and feasibility of requiring by law in
4-11     various circumstances that certain personal information may be
4-12     released by a governmental entity or a private business only with
4-13     the prior informed consent of the individual.
4-14           SECTION 5.  The task force shall report the results of its
4-15     study and its recommendations to the lieutenant governor and the
4-16     speaker by not later than November 1, 2002.  The task force shall
4-17     include in its report its conclusions regarding the advisability of
4-18     enacting legislation with respect to each of the topics that the
4-19     task force studied.
4-20           SECTION 6.  The task force and advisory committee are
4-21     abolished and this Act expires September 1, 2003.
4-22           SECTION 7.  This Act takes effect immediately if it receives
4-23     a vote of two-thirds of all the members elected to each house, as
4-24     provided by Section 39, Article III, Texas Constitution.  If this
4-25     Act does not receive the vote necessary for immediate effect, this
4-26     Act takes effect September 1, 2001.