79R3386 ATP-D

By:  Eiland                                                       H.B. No. 2571



A BILL TO BE ENTITLED

AN ACT

relating to requirements for disclosing a consumer's personal 
information.  
	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 35.601 to read as follows:
	Sec. 35.601.  DISCLOSURE OF PERSONAL INFORMATION.  (a)  In 
this section:
		(1)  "Consumer" means an individual resident of this 
state who obtains products or services that are used primarily for 
personal, family, or household purposes.
		(2)  "Personal information" means a consumer's name, 
telephone number, address, social security number, or 
government-issued identification number.
	(b)  A person who acquires a consumer's personal information 
in the course of the person's business and as a result of providing 
products or services to the consumer may sell or otherwise disclose 
the consumer's personal information to another person only if:
		(1)  the person making the disclosure pays the consumer 
$5 for each other person to whom the person discloses the consumer's 
personal information;
		(2)  the consumer waives compensation before each 
disclosure of the consumer's personal information; or
		(3)  the person provides the consumer with a privacy 
policy regarding the person's disclosure of consumers' personal 
information, the consumer authorizes the disclosure of the 
consumer's personal information as provided by the policy, and the 
person to whom the information is disclosed agrees in writing not to 
disclose the consumer's personal information except as provided by 
this section.
	(c)  This section does not apply to:                                    
		(1)  information disclosed by or to a governmental 
entity;           
		(2)  aggregate information regarding a consumer that 
cannot be used to identify or contact a consumer;
		(3)  information disclosed for purposes of providing a 
consumer goods or services requested by the consumer; or
		(4)  information disclosed in a publicly available 
directory provided without charge or for a nominal fee.
	(d)  A person who discloses a consumer's personal 
information in violation of this section shall compensate the 
consumer as required by Subsection (b)(1).
	SECTION 2.  This Act takes effect September 1, 2005.