H.B. No. 863

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.

____________________________________________________________

President of the SenateSpeaker of the House

I certify that H.B. No. 863 was passed by the House on March 22, 2007, by the following vote: Yeas 142, Nays 0, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 863 was passed by the Senate on May 3, 2007, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: _____________________ APPROVED: _____________________

Date

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Governor