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A BILL TO BE ENTITLED
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AN ACT
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relating to privacy of wireless telecommunications customer |
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information; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 64, Utilities Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. PRIVACY OF WIRELESS TELECOMMUNICATIONS CUSTOMER |
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INFORMATION |
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Sec. 64.251. DEFINITION. In this subchapter, "wireless |
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telecommunications customer information" means credit information |
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and call record information, including minutes used, the time, |
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date, and duration of calls initiated and received, and rate |
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information, that is: |
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(1) possessed by a provider of commercial mobile |
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service, as defined by Section 332(d), Communications Act of 1934 |
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(47 U.S.C. Section 151 et seq.), Federal Communications Commission |
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rules, and the Omnibus Budget Reconciliation Act of 1993 (Pub. L. |
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No. 103-66); and |
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(2) identifiable to a specific customer of the |
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provider. |
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Sec. 64.252. PROTECTION OF CUSTOMER INFORMATION. (a) A |
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person may not: |
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(1) sell or otherwise disclose, or attempt to sell or |
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otherwise disclose, wireless telecommunications customer |
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information without the customer's consent; or |
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(2) obtain or attempt to obtain wireless |
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telecommunications customer information by use of fraud or |
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misrepresentation. |
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(b) This section does not prohibit: |
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(1) disclosure of wireless telecommunications |
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customer information in the manner provided by Subchapter E or as |
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specifically provided by other law; |
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(2) the lawful disclosure or obtaining of wireless |
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telecommunications customer information by a law enforcement |
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agency or an officer or other employee of a law enforcement agency |
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in the performance of the agency's or employee's official duties; or |
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(3) disclosure by a commercial mobile service provider |
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of wireless telecommunications customer information in connection |
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with: |
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(A) the sale or transfer of all or part of the |
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provider's business; |
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(B) the purchase or acquisition of all or part of |
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another provider's business; or |
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(C) the migration of a customer from one provider |
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to another provider. |
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Sec. 64.253. PENALTY. A person who violates this |
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subchapter is liable to the state for a civil penalty of $5,000 for |
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each customer whose information is included in the violation. The |
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attorney general may sue to collect the civil penalty. |
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SECTION 2. This Act takes effect September 1, 2009. |