| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to digital storage of copy machines. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The Business and Commerce Code is amended by |
|
|
adding Chapter 107 as follows: |
|
|
CHAPTER 107. DIGITAL STORAGE OF COPY MACHINES |
|
|
Sec. 107.001. DEFINITIONS. In this chapter: |
|
|
(1) "Business" means any corporation, company, |
|
|
partnership, firm, association, or other entity, and shall include |
|
|
a public entity. |
|
|
(2) "Public entity" means the State, and any county, |
|
|
municipality, district, public authority, public agency, and any |
|
|
other political subdivision or public body in the State. |
|
|
(3) "Records" means any material recorded or preserved |
|
|
by any means. |
|
|
Sec. 107.002. DESTRUCTION OF DIGITAL COPIES. A business |
|
|
shall destroy, or arrange for the destruction of, all records |
|
|
stored on a digital copy machine, which is no longer to be retained |
|
|
by that business, by erasing or otherwise modifying those records |
|
|
to make the records unreadable, undecipherable, or |
|
|
nonreconstructable through generally available means. |
|
|
Sec. 107.003. CIVIL PENALTY. A business that violates this |
|
|
chapter is subject to a civil penalty not to exceed $10,000 for each |
|
|
violation. |
|
|
Sec. 107.004. SUIT FOR CIVIL PENALTY. The attorney general |
|
|
or a county or district attorney may bring an action to recover a |
|
|
civil penalty imposed under Section. 107.003. |
|
|
SECTION 2. This act take effect September 1, 2013. |