BILL ANALYSIS

 

 

Senate Research Center

S.B. 237

86R340 MCK-D

By: Nelson

 

Business & Commerce

 

2/15/2019

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 237 ensures that licensing agencies are deliberate in deciding what personal information of their licensees they are posting to the internet.

 

S.B. 237 requires the Sunset Advisory Commission to determine whether the governing body of an agency has evaluated the type of personal information of licensees that the agency publishes to its website. Agencies should be abundantly cautious with the information they post online in order to protect the safety of licensees.

 

As proposed, S.B. 237 amends current law relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 325.0115, Government Code, by adding Subsections (c) and (d), as follows:

 

(c) Requires the Texas Sunset Advisory Commission (Sunset) and its staff, as part of Sunset's review of an agency that licenses an occupation or profession, to determine whether the governing body of the agency being reviewed has made an evaluation regarding the type of personal information of license holders that the agency should make available on the agency's Internet website based on the following factors:

 

(1) the type of information the public needs to file a complaint with the agency;

 

(2) the type of information the public needs to locate an existing or potential service provider;

 

(3) the type of information the public needs to verify a license; and

 

(4) whether making the information available on the agency's Internet website could subject a license holder to harassment, solicitation, or other nuisance.

 

(d) Requires Sunset, if Sunset determines that the governing body of an agency has not completed the evaluation described by Subsection (c), to make a recommendation that the governing body of the agency perform such an evaluation.

 

SECTION 2. Effective date: September 1, 2019.