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A BILL TO BE ENTITLED
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AN ACT
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relating to the privacy of certain personal information held by |
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health and human services agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 531, Government Code, is amended by |
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adding Subchapter V-1 to read as follows: |
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SUBCHAPTER V-1. PRIVACY OF PERSONAL INFORMATION |
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Sec. 531.931. DEFINITION. In this subchapter, "personal |
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information" includes: |
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(1) information that alone or in conjunction with |
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other information identifies an individual, including an |
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individual's: |
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(A) name, social security number, date of birth, |
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or government-issued identification number; |
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(B) mother's maiden name; |
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(C) unique biometric data, including the |
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individual's fingerprint, voice print, and retina or iris image; |
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(D) unique electronic identification number, |
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address, or routing code; |
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(E) telecommunication access device as defined |
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by Section 32.51, Penal Code; and |
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(F) financial institution account number or |
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credit or debit card number; and |
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(2) information that relates to: |
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(A) the physical or mental health or condition of |
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an individual; |
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(B) the provision of health care to an |
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individual; or |
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(C) payment for the provision of health care to |
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an individual. |
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Sec. 531.932. SALE OF PERSONAL INFORMATION. (a) A health |
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and human services agency may not sell personal information to any |
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person unless the agency obtains the consent of the individual who |
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is the subject of the information. |
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(b) An agency may not require an individual to consent to |
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the sale of personal information as a condition of receiving |
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services from the agency. |
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Sec. 531.933. PURCHASE OF PERSONAL INFORMATION; PUBLIC |
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INFORMATION. The name of a person that purchases personal |
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information from a health and human services agency is public |
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information subject to disclosure under Chapter 552. |
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Sec. 531.934. RESALE PROHIBITED. (a) A person who |
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purchases personal information from a health and human services |
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agency may not resell the information. |
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(b) A person who the executive commissioner finds has |
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violated this section is prohibited from purchasing personal |
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information from any health and human services agency until on or |
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after the second anniversary of the violation. |
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SECTION 2. This Act takes effect September 1, 2015. |