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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 2062 to read as follows: |
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CHAPTER 2062. RESTRICTIONS ON SALE BY STATE AGENCY OF CERTAIN |
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INDIVIDUAL-IDENTIFYING INFORMATION |
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Sec. 2062.001. 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 that is created by the constitution or a statute |
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of this state. The term includes a university system or an |
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institution of higher education as defined by Section 61.003, |
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Education Code. |
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Sec. 2062.002. APPLICABILITY. This chapter does not apply |
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to the release of public information under Chapter 552 or to any |
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charge for providing copies of public information under that |
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chapter. |
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Sec. 2062.003. PROHIBITED SALES. (a) Subject to |
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Subsection (b), a state agency may not sell to any person |
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information that alone or in conjunction with other information |
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identifies an individual, including information obtained for: |
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(1) a driver's license, personal identification |
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certificate, motor vehicle registration, or any other license, |
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certification, or registration issued to an individual by a state |
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agency; or |
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(2) an application for a license, certificate, or |
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registration described in Subdivision (1). |
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(b) A state agency may sell information described by |
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Subsection (a) in accordance with federal and other state law to a |
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person only if the person certifies in writing that the person will |
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not sell the information to another person. |
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Sec. 2062.004. INJUNCTIVE RELIEF. (a) The attorney |
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general may institute an action for injunctive relief against a |
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person who appears to be in violation of or is threatening to |
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violate this chapter. |
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(b) In an injunction issued under this section, a court may |
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include reasonable requirements to prevent further violations of |
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this chapter. |
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(c) The attorney general shall file an action under this |
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section in a district court in Travis County or the county in which |
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the violation occurred. |
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(d) The attorney general may recover reasonable expenses |
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incurred in obtaining injunctive relief under this section, |
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including court costs, attorney's fees, investigative costs, |
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witness fees, and deposition expenses. |
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Sec. 2062.005. WAIVER OF SOVEREIGN IMMUNITY. Sovereign |
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immunity of a state agency to suit and from liability is waived and |
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abolished to the extent of liability created by this chapter. |
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SECTION 2. Chapter 2062, 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, 2021. |