By:  Rodriguez, Hupp, Miller, Davis of Dallas                     H.B. No. 1053



A BILL TO BE ENTITLED

AN ACT

relating to the confidentiality of social security numbers in 
certain circumstances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 6, Civil Practice and Remedies Code, is 
amended by adding Chapter 145 to read as follows:

CHAPTER 145.  CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS
	Sec. 145.001.  APPLICABILITY.  (a)  This chapter does not 
apply to a governmental body, as defined by Section 552.003, 
Government Code.
	(b)  This chapter does not apply to documents that are:                 
		(1)  required or permitted by state or federal law to be 
recorded in public records; or
		(2)  required to be collected, used, or disclosed to 
the public by state or federal law.
	Sec. 145.002.  PROHIBITED USES.  (a)  In this section, 
"publicly display" means to intentionally communicate or otherwise 
make available to the general public.
	(b)  A person may not:                                                  
		(1)  publicly display in any manner an individual's 
social security number;
		(2)  require an individual to transmit a social 
security number over the Internet, unless the connection is secure 
or the social security number is encrypted;
		(3)  require 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)  print 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)  print 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)  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)  A person may collect, 
use, or release a social security number for internal verification 
or administrative purposes.
	(b)  A person who, before January 1, 2005, has used an 
individual's social security number in a manner prohibited by 
Section 145.002 may 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)  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)  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 shall comply with 
the request not later than the 30th day after the date the request 
is received.
	(b)  The person may not impose a fee or charge for complying 
with the request.
	Sec. 145.005.  DENIAL OF SERVICES PROHIBITED.  A person may 
not deny products or services to an individual because the 
individual makes a written request to discontinue use under Section 
145.004.
	SECTION 2.  (a)  This Act takes effect January 1, 2005.                        
	(b)  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, shall begin acting 
in compliance with Chapter 145, Civil Practice and Remedies Code, 
as added by this Act, on or before September 1, 2007.