SRC-JEC, EPT H.B. 1053 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1053
By: Rodriguez (Ellis, Rodney)
State Affairs
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Identity theft may be the fastest growing crime in the nation, with 86,000
cases reported in 2001 alone. According to the Theft Data Clearinghouse,
6,496 of those were in Texas.  Texas ranks 11th in the nation for identity
theft, with 30.2 victims per 100,000 people.  Consumers who have been
victimized by identity theft may be denied housing, a loan, or even a job
while they wait an average of two years for their credit record to be
cleared.  Theft of social security numbers is the keystone to identity
theft. H.B. 1053 reduces the availability of social security numbers to
unauthorized users.  

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.  Amends Title 6, Civil Practice and Remedies Code, by adding
Chapter 145 as follows: 

CHAPTER 145.  CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS

Sec. 145.001.  APPLICABILITY.  (a)  Provides that this chapter does not
apply to a governmental body, as defined by Section 552.003, Government
Code. 
 
(b)  Provides that this chapter does not apply to documents that are
required or permitted by state or federal law to be recorded in public
records; or required to be collected, used, or disclosed to the public by
state or federal law. 
 
Sec. 145.002.  PROHIBITED USES.  (a)  Defines "publicly display."
 
(b)  Prohibits a  person from:

(1)  publicly displaying in any manner an individual's social security
number; 

(2)  requiring an individual to transmit a social security number over the
Internet, unless the connection is secure or the social security number is
encrypted; 

(3)  requiring an individual to use a social security number to access an
Internet website, unless a password or unique personal identification
number or other authentication device is also required to access the
website; 

(4)  printing an individual's social security number on any card required
for the individual to have access to products or services provided by the
person; or 

(5)  printing an individual's social security number on any materials that
are  mailed to the individual, unless state or federal law requires the
social security number to be printed on the document to be mailed. 
 
(c)  Provides that Subsection (b)(5) does not apply to applications or
forms sent by mail, including a document sent: 
  
(1)  as part of an application or enrollment process;

(2)  to establish, amend, or terminate an account, contract, or policy; or

(3)  to confirm the accuracy of a social security number.
 
Sec. 145.003.  PERMITTED USES.  (a)  Authorizes a  person to collect, use,
or release a social security number for internal verification or
administrative purposes. 
 
(b)  Authorizes a person who, before January 1, 2005, has used an
individual's social security number in a manner prohibited by Section
145.002 to continue using that individual's social security number in the
same manner if: 
  
(1)  the use of the social security number is continuous; and

(2)  the person provides the individual with an annual disclosure,
beginning January 1, 2006, informing the individual of the right to stop
the use of the social security number in the manner prohibited by Section
145.002. 
 
(c)  Provides that this chapter does not apply to:
  
(1)  a person who collects, uses, or releases a social security number if
the person is required to collect, use, or release the social security
number by federal or state law, including Chapter 552, Government Code; or 

(2)  an institution of higher education if the use of a social security
number by the institution is regulated by Subchapter Z, Chapter 51,
Education Code, or another provision of the Education Code. 
 
Sec. 145.004.  DISCONTINUANCE OF USE ON REQUEST.  (a)  Provides that if a
person receives a written request from an individual directing the person
to stop using the individual's social security number in a manner
prohibited by Section 145.002, the person is required to comply with the
request not later than the 30th day after the date the request is
received. 
 
(b)  Prohibits the person from imposing a fee or charge for complying with
the request. 
 
Sec. 145.005.  DENIAL OF SERVICES PROHIBITED.  Prohibits a  person from
dening products or services to an individual because the individual makes
a written request to discontinue use under Section 145.004. 
 
SECTION 2.  (a)  Effective date:  January 1, 2005.
 
(b)  Requires an institution of higher education that is not subject to
the exemption prescribed by Section 145.003(c)(2), Civil Practice and
Remedies Code, as added by this Act, to begin acting in compliance with
Chapter 145, Civil Practice and Remedies Code, as added by this Act, on or
before September 1, 2007.