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.
COMMITTEE AMENDMENT NO. 1
Amend SECTION 2 of SB 611 by adding:
(c) A person described in Section 149.001(b)(1) of the
Finance Code may request a hearing before the Credit Union
Commissioner for additional time to comply with this section. If
the Commissioner makes a determination that the person is unable to
comply with the provisions in this section by March 1, 2005 and has
made a good faith attempt to comply with this section, the
Commissioner shall issue an order for the person to take the actions
required and provide for up to one year for the person to come into
compliance with this section. Any person not provided additional
time to comply will be subject to all provisions of this section as
of the effective date. Any hearing conducted and all materials
related to such hearing are deemed confidential. Any request for a
hearing shall be made not less than 60 days prior to March 1, 2005.
Elkins