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A JOINT RESOLUTION
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proposing a constitutional amendment limiting the authority of the |
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state to collect, receive, store, or share certain personal |
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financial information. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article I, Texas Constitution, is amended by |
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adding Section 34 to read as follows: |
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Sec. 34. (a) An executive agency of this state has no |
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compelling interest in the personal financial information of an |
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individual engaging in private business, and, therefore, an |
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executive agency of this state may not collect, receive, or store |
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personal financial information or data about any person, including |
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financial information or data about a person's borrowing or |
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spending habits or history, relationships with financial |
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institutions or other lenders, credit card-related information, or |
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income, other than: |
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(1) financial information or data that an individual |
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provides to the executive agency regarding the individual or a |
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person related to the individual; or |
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(2) financial information or data that is obtained for |
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purposes of performing an audit of an entity regulated by the |
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executive agency, if the executive agency does not store the |
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information or data after the audit is complete. |
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(b) Financial information and data collected, received, or |
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stored by an executive agency of this state in the course of |
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business of the agency and in accordance with this section may not |
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be shared with a third party if the individual to whom the |
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information or data pertains has no knowledge of the collection, |
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receipt, or storage of the information or data. |
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(c) Subsections (a) and (b) of this section do not apply to: |
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(1) financial information or data collected, |
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received, stored, or shared for purposes of enforcing criminal, |
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child support, or tax laws; or |
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(2) financial information or data provided by an |
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individual to seek or obtain a benefit, a privilege, an office, or |
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employment, or to enter into a transaction with this state or an |
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agency of this state. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2013. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment limiting the authority |
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of the state to collect, receive, store, or share certain personal |
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financial information." |