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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions on the dissemination by a state agency of |
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an individual's personal data. |
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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. PROHIBITIONS ON DISSEMINATION BY STATE AGENCY OF |
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CERTAIN PERSONAL DATA |
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Sec. 2062.001. DEFINITIONS. In this chapter: |
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(1) "Individual" means a natural person. |
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(2) "Personal data" means any information relating to |
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an identified or identifiable individual that directly or |
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indirectly identifies the individual by reference to: |
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(A) an identifier for the individual, including a |
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name, an identification number, location information, or an online |
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identifier; or |
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(B) one or more factors specific to the physical, |
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physiological, genetic, mental, economic, cultural, or social |
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identity of the individual. |
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(3) "State agency" means a department, commission, |
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board, office, council, authority, or other agency in the |
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executive, legislative, or judicial branch of state government, |
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including a university system or institution of higher education as |
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defined by Section 61.003, Education Code, that is created by the |
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constitution or a statute of this state. |
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Sec. 2062.002. PROHIBITED DISSEMINATION. (a) A state |
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agency may not disseminate to any person any personal data of an |
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individual without the individual's written consent. |
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(b) A state agency shall retain the written consent of an |
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individual obtained as required under Subsection (a) in the |
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agency's records until the agreement under which the personal data |
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is disseminated expires or is otherwise terminated. |
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(c) A state agency may not require an individual to consent |
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to dissemination of the individual's personal data in exchange for |
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access to the services provided by the agency or to the agency's |
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Internet website. |
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SECTION 2. Chapter 2062, Government Code, as added by this |
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Act, applies only to information disseminated by a state agency to |
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another person on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |