C.S.H.B. 1053 78(R)    BILL ANALYSIS


C.S.H.B. 1053
By: Rodriguez
State Affairs
Committee Report (Substituted)



BACKGROUND 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,
6496 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.  The purpose of C.S.H.B. 1053 is to minimize the availability of
social security numbers to unauthorized users.  

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, institution,
department, or agency. 

ANALYSIS

C.S.H.B. 1053 amends Title 6, Civil Practice and Remedies Code, by adding
Chapter 145 to prohibit a person, with certain exceptions, from: 

_publicly displaying in any manner an individual's social security number;
_requiring an individual to transmit a social security number over the
Internet, unless the connection is secure or the social security number is
encrypted; 
_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; 
_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 
_with certain exceptions, 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.S.H.B. 1053 provides that Chapter 145 does not apply to a governmental
body, as defined by Section 552.003, Government Code, or 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. 

C.S.H.B. 1053 provides, however, that a person is permitted to collect,
use, or release a social security number for internal verification or
administrative purposes.  In addition, a person who, before January 1,
2005, has used an individual's social security number in a manner
prohibited by this bill may continue to do so after the effective date of
the Act if the use is continuous and the person provides the individual
with an annual disclosure, beginning January 1, 2006, informing the
individual of the right to stop the use.  A person is required to
discontinue the use of an individual's social security number within 30
days of receiving a written request from the individual to discontinue
use.  C.S.H.B. 1053 does not apply to 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 of the Government Code. 

 EFFECTIVE DATE

January 1, 2005.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1053 deletes the language in Section 145.001 (a) that Chapter 145
does not apply to a governmental body "except that the term includes each
entity in or created by the judicial branch of state government."  The
substitute also specifies certain documents sent by mail which are
permitted to include an individual's social security number.  C.S.H.B.
1053 changes certain application dates for provisions of the bill, as
specified in the Analysis section above.  C.S.H.B. 1053 adds that this
chapter does not apply to 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 of the Government Code.  Finally, C.S.H.B. 1053 changes the
effective date of the bill from September 1, 2003 to January 1, 2005.