79R3029 ATP-D

By:  Cook of Navarro                                              H.B. No. 1130



A BILL TO BE ENTITLED

AN ACT

relating to the adoption of a privacy policy by a person who 
requires the disclosure of an individual's social security number.
	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 35.581 to read as follows:
	Sec. 35.581.  PRIVACY POLICY NECESSARY TO REQUIRE DISCLOSURE 
OF SOCIAL SECURITY NUMBER.  (a)  A person may not require an 
individual to disclose the individual's social security number to 
obtain goods or services from or enter into a business transaction 
with the person, unless the person:
		(1)  adopts a privacy policy;                                          
		(2)  provides the privacy policy to the individual as 
required by Subsection (b); and
		(3)  maintains under the privacy policy the 
confidentiality and security of a social security number disclosed 
to the person.
	(b)  A person shall provide the person's privacy policy to an 
individual whose social security number the person requires, by:
		(1)  reciting the policy to the individual at the time 
the individual is required to disclose the individual's social 
security number; or
		(2)  mailing the policy to the individual as soon as 
practicable after the individual is required to disclose the 
individual's social security number.
	(c)  If a person recites a privacy policy to an individual 
under Subsection (b), the person shall deliver a written copy of the 
policy to the individual within a reasonable time after the 
individual's social security number is disclosed.  The written copy 
of the privacy policy may be delivered by mail or electronically.
	SECTION 2.  This Act takes effect September 1, 2005.