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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the sale by a state agency of |
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information that identifies an individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 10, Government Code, is |
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amended by adding Chapter 2060 to read as follows: |
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CHAPTER 2060. RESTRICTIONS ON SALE BY STATE AGENCY OF CERTAIN |
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INDIVIDUAL-IDENTIFYING INFORMATION |
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Sec. 2060.001. DEFINITION. In this chapter, "state agency" |
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means a department, commission, board, office, council, authority, |
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or other agency in the executive, legislative, or judicial branch |
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of state government, including a university system or institution |
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of higher education as defined by Section 61.003, Education Code, |
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that is created by the constitution or a statute of this state. |
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Sec. 2060.002. CONSENT REQUIRED BEFORE SALE; RECORDS. (a) |
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Before a state agency may sell to a person information that alone or |
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in conjunction with other information identifies an individual, the |
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state agency must obtain the written consent of the individual. |
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(b) A state agency shall retain the consent of an individual |
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in the agency's records until the sales contract or agreement under |
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which the information is sold expires. |
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Sec. 2060.003. PROHIBITED SALES. A state agency may not: |
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(1) sell to a person any information that alone or in |
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conjunction with other information identifies an individual unless |
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the person agrees in writing not to resell the information; |
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(2) sell to a person who wishes to remain anonymous any |
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information that alone or in conjunction with other information |
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identifies an individual; or |
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(3) sell to a person any information that alone or in |
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conjunction with other information identifies an individual unless |
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the individual has provided written consent to the agency. |
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SECTION 2. Chapter 2060, Government Code, as added by this |
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Act, applies only to information sold by a state agency to another |
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person on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |