BILL ANALYSIS |
C.S.H.J.R. 112 |
By: Laubenberg |
Government Efficiency & Reform |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties contend that state government agencies are increasingly becoming personal data collectors instead of service providers. As an example, these parties point to a court action against the state for collecting the identifiable DNA information of newborns without the parent's knowledge or consent. The parties contend that safeguards are needed to protect the personal financial data of private citizens from state government unless a citizen gives the state explicit permission to collect that information. C.S.H.J.R. 112 proposes to establish these safeguards.
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RULEMAKING AUTHORITY
It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.J.R. 112 proposes an amendment to the Texas Constitution to provide that an executive agency of the state has no compelling interest in the personal financial information of an individual engaging in private business and to prohibit an executive agency of the state from collecting, receiving, or storing personal financial information or data about any person, including financial information or date about a person's borrowing or spending habits or history, relationships with financial institutions or other lenders, credit card-related information, or income, other than financial information or data that an individual provides to the executive agency regarding the individual or a person related to the individual or other than financial information or data that is obtained for purposes of performing an audit of an entity regulated by the executive agency, if the executive agency does not store the information or data after the audit is complete. The resolution prohibits an executive agency from sharing this personal financial information and data with a third party if the individual to whom the information or data pertains has no knowledge of the collection, receipt, or storage of the information or data. The resolution's provisions do not apply to financial information or data collected, received, stored, or shared for purposes of enforcing criminal, child support, or tax laws or to financial information or data provided by an individual to seek or obtain a benefit, a privilege, an office, or employment or to enter into a transaction with the state or an agency of the state.
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ELECTION DATE
The constitutional amendment proposed by this joint resolution will be submitted to the voters at an election to be held November 5, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.J.R. 112 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the resolution.
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