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  80R3141 ATP-F
 
  By: Cook of Navarro H.B. No. 863
 
A BILL TO BE ENTITLED
AN ACT
relating to the exemption of certain persons from the requirement
that a person who requires disclosure of a social security number
adopt a privacy policy.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 35.581(c), Business & Commerce Code, as
added by Chapter 198, Acts of the 79th Legislature, Regular
Session, 2005, is amended to read as follows:
       (c)  This section does not apply to:
             (1)  a person who is required to maintain and
disseminate a privacy policy under the Gramm-Leach-Bliley Act (15
U.S.C. Sections 6801 to 6809), the Family Educational Rights and
Privacy Act (20 U.S.C. Section 1232g), or the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
et seq.);
             (2)  a covered entity under rules adopted by the
commissioner of insurance relating to insurance consumer health
information privacy or insurance consumer financial information
privacy;
             (3)  a governmental body, as defined by Section
552.003, Government Code, other than a municipally owned utility;
[or]
             (4)  a person with respect to a loan transaction, if the
person is not engaged in the business of making loans; or
             (5)  a person subject to Section 901.457, Occupations
Code.
       SECTION 2.  This Act takes effect September 1, 2007.