| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the sale of consumer geotracking data by telephone |
|
|
companies. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle A, Title 11, Business & Commerce Code, |
|
|
is amended by adding Chapter 509 to read as follows: |
|
|
CHAPTER 509. GEOTRACKING DATA |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 509.001. DEFINITIONS. In this chapter: |
|
|
(1) "Geotracking data" means data obtained from an |
|
|
individual's cellular telephone or other wireless communications |
|
|
device that identifies and tracks the location of the device. |
|
|
(2) "Telephone company" has the meaning assigned by |
|
|
Section 306.001. |
|
|
SUBCHAPTER B. SALE OF GEOTRACKING DATA |
|
|
Sec. 509.051. CONSENT REQUIRED FOR SALE OF GEOTRACKING |
|
|
DATA. (a) A telephone company may not sell a consumer's geotracking |
|
|
data to a third party unless: |
|
|
(1) the company has requested the consumer's consent, |
|
|
in writing or electronically, to sell the consumer's geotracking |
|
|
data; and |
|
|
(2) the consumer has provided written or electronic |
|
|
consent to the company to sell the data. |
|
|
(b) A consumer's consent to the sale of the consumer's |
|
|
geotracking data under Subsection (a) remains effective until |
|
|
rescinded by the consumer. |
|
|
(c) A telephone company may offer a discount or other |
|
|
incentive to a consumer for consenting to the sale of the consumer's |
|
|
geotracking data. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |