By:  Nelson, Ellis                                                S.B. No. 611


A BILL TO BE ENTITLED

AN ACT

relating to printing a social security number on an identification 
card or other identification device; providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 35, Business & Commerce 
Code, is amended by adding Section 35.58 to read as follows:
	Sec. 35.58.  CONFIDENTIALITY OF SOCIAL SECURITY NUMBER.  
(a)  A person may not print an individual's social security number 
on a card or other device required to access a product or service 
provided by the person unless the individual has requested in 
writing such printing.  A person may not require a request for such 
printing as a condition to receipt of or access to a product or 
service provided by the person.
	(b)  A person who violates this section is liable to the 
state for a civil penalty in an amount not to exceed $500 for each 
violation.  The attorney general or the prosecuting attorney in the 
county in which the violation occurs may bring suit to recover the 
civil penalty imposed under this section.  The attorney general may 
bring an action in the name of the state to restrain or enjoin a 
person from violating this section.
	(c)  This section does not apply to:                                    
		(1)  the collection, use, or release of a social 
security number that is required by state or federal law, including 
Chapter 552, Government Code; or
		(2)  the use of a social security number for internal 
verification or administrative purposes.
	SECTION 2.  (a)  This Act takes effect March 1, 2005.                          
	(b)  This Act applies to a card or other device that is issued 
in connection with an insurance policy only if the policy is 
delivered, issued for delivery, or renewed on or after March 1, 
2005.  A card or other device issued in connection with a policy 
delivered, issued for delivery, or renewed before March 1, 2005, is 
governed by the law as it existed immediately before the effective 
date of this Act, and that law is continued in effect for that 
purpose.