Suspending limitations on conference committee
jurisdiction, S.B. No. 473
By: Ellis S.R. No. 1008
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 78th
Legislature, Regular Session, 2003, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
Senate Bill No. 473, relating to assisting consumers to prevent
identity theft; providing penalties, to consider and take action
on the following matter:
(1) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add new text to Section 35.58, Business &
Commerce Code, as added by the bill, so that the section reads as
follows:
Sec. 35.58. CONFIDENTIALITY OF SOCIAL SECURITY NUMBER.
(a) A person, other than government or a governmental
subdivision or agency, may not:
(1) intentionally communicate or otherwise make
available to the general public an individual's social security
number;
(2) display an individual's social security number
on a card or other device required to access a product or service
provided by the person;
(3) require an individual to transmit the
individual's social security number over the Internet unless the
connection with the Internet is secure or the number is
encrypted;
(4) require an individual's social security number
for access to an Internet website, unless a password or unique
personal identification number or other authentication device is
also required for access; or
(5) print an individual's social security number on
any materials, except as provided by Subsection (f), that are
sent by mail, unless state or federal law requires that the
individual's social security number be included in the
materials.
(b) A person that is using an individual's social
security number before January 1, 2005, in a manner prohibited by
Subsection (a) may continue that use if:
(1) the use is continuous; and
(2) the person provides annual disclosure to the
individual, beginning January 1, 2006, stating that on written
request from the individual the person will cease to use the
individual's social security number in a manner prohibited by
Subsection (a).
(c) A person, other than government or a governmental
subdivision or agency, may not deny services to an individual
because the individual makes a written request under Subsection
(b).
(d) 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 Subsection (a),
the person shall comply with the request not later than the 30th
day after the date the request is received. The person may not
impose a fee or charge for complying with the request.
(e) 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;
(2) the use of a social security number for internal
verification or administrative purposes;
(3) documents that are recorded or required to be
open to the public under Chapter 552, Government Code;
(4) court records; or
(5) an institution of higher education if the use of
a social security number by the institution is regulated by
Chapter 51, Education Code, or another provision of the Education
Code.
(f) Subsection (a)(5) does not apply to an application or
form 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.
Explanation: The addition is necessary to establish a
date on which disclosure to an individual concerning use of the
individual's social security number must begin, to allow
institutions of higher education to use an individual's social
security number to comply with provisions of the Education Code,
and to provide that a person who receives a request to stop using
an individual's social security number must honor that request
free of charge by a certain time.
(2) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add a new Subsection (f) to SECTION 10 of the
bill, to read as follows:
(f) An institution of higher education that is not
subject to the exemption prescribed by Section 35.58(e)(5),
Business & Commerce Code, as added by this Act, shall begin
acting in compliance with Section 35.58, Business & Commerce
Code, as added by this Act, on or before September 1, 2007.
Explanation: The added text is necessary to explain when
institutions of higher education must comply with Section 35.58,
Business & Commerce Code.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on June 1, 2003, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate