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A BILL TO BE ENTITLED
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AN ACT
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relating to the destruction of the records of businesses, state and |
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local governments, and nonprofit entities stored on copy machines; |
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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. Subchapter A, Chapter 72, Business & Commerce |
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Code, is amended by adding Section 72.005 to read as follows: |
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Sec. 72.005. DESTRUCTION OF BUSINESS RECORDS OR NONPROFIT |
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ENTITY RECORDS STORED ON COPY MACHINES REQUIRED. (a) |
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Notwithstanding Section 72.002 or any other law relating to the |
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retention of records, a business or a nonprofit entity shall |
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destroy, or arrange for the destruction of, all business records or |
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records of the nonprofit entity stored on a copy machine before the |
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business or nonprofit entity terminates its ownership, lease, or |
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use of the machine. |
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(b) A business or nonprofit entity that violates Subsection |
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(a) is liable to this state for a civil penalty in an amount not to |
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exceed $10,000 for each violation. The attorney general or a county |
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or district attorney may bring an action to recover the civil |
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penalty imposed under this subsection. |
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(c) In this section, "records," with respect to a nonprofit |
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entity, means any material recorded or preserved by any means. |
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SECTION 2. Chapter 202, Local Government Code, is amended |
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by adding Section 202.010 to read as follows: |
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Sec. 202.010. DESTRUCTION OF RECORDS STORED ON COPY |
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MACHINES REQUIRED. (a) A local government shall destroy, or |
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arrange for the destruction of, all local government records stored |
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on a copy machine before the local government terminates its |
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ownership, lease, or use of the machine. |
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(b) A local government that violates Subsection (a) is |
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liable to this state for a civil penalty in an amount not to exceed |
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$10,000 for each violation. The attorney general or a county or |
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district attorney may bring an action to recover the civil penalty |
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imposed under this subsection. |
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SECTION 3. Section 441.187, Government Code, is amended by |
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adding Subsections (a-1) and (f) to read as follows: |
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(a-1) Notwithstanding Subsections (a), (b), (c), and (d), a |
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state agency shall destroy, or arrange for the destruction of, all |
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state records stored on a copy machine before the agency terminates |
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its ownership, lease, or use of the machine. |
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(f) A state agency that violates Subsection (a-1) is liable |
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to this state for a civil penalty in an amount not to exceed $10,000 |
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for each violation. The attorney general or a county or district |
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attorney may bring an action to recover the civil penalty imposed |
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under this subsection. |
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SECTION 4. This Act takes effect September 1, 2013. |