| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a prohibition on and destruction of unauthorized |
|
|
individual information collected or maintained by a state agency. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle B, Title 10, Government Code, is |
|
|
amended by adding Chapter 2062 to read as follows: |
|
|
CHAPTER 2062. STATE AGENCY COLLECTION AND MAINTENANCE OF |
|
|
INFORMATION ON INDIVIDUALS |
|
|
Sec. 2062.001. DEFINITION. In this chapter, "state agency" |
|
|
means a department, commission, board, office, council, authority, |
|
|
or other agency in the executive, legislative, or judicial branch |
|
|
of state government, including a university system or institution |
|
|
of higher education as defined by Section 61.003, Education Code, |
|
|
that is created by the constitution or a statute of this state. |
|
|
Sec. 2062.002. COLLECTION AND MAINTENANCE OF UNAUTHORIZED |
|
|
INDIVIDUAL INFORMATION PROHIBITED; DESTRUCTION REQUIRED. (a) A |
|
|
state agency may not collect or maintain in any form information |
|
|
that alone or in conjunction with other information identifies an |
|
|
individual unless the agency has specific statutory authority for |
|
|
the collection or maintenance of the information. |
|
|
(b) A state agency shall destroy or arrange for the |
|
|
destruction of all information that alone or in conjunction with |
|
|
other information identifies an individual and that was collected |
|
|
or is maintained by the agency without specific statutory authority |
|
|
or with specific statutory authority that no longer applies. |
|
|
(c) A state agency shall destroy or arrange for the |
|
|
destruction of information described by Subsection (b) by: |
|
|
(1) shredding; |
|
|
(2) erasing; or |
|
|
(3) otherwise modifying the sensitive information in |
|
|
the records to make the information unreadable or indecipherable |
|
|
through any means. |
|
|
SECTION 2. Chapter 2062, Government Code, as added by this |
|
|
Act, applies to information that is collected by a state agency |
|
|
before, on, or after the effective date of this Act or is maintained |
|
|
by a state agency on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |