BILL ANALYSIS

C.S.H.B. 5129

By: Noble

Delivery of Government Efficiency

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that there are currently no statutory provisions protecting Texans who hold an occupational or professional license with a state agency from the dissemination of their personal information through a public information request directed to the state agency. C.S.H.B. 5129 seeks to address this issue by ensuring that certain personal information held by state agencies is treated as confidential, preventing sensitive information from being unnecessarily disclosed to the public.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 5129 amends the Government Code to prohibit a state agency from doing the following without written consent:

· disseminating to any person the personal identifying information of a person who submits information to the state agency for the purpose of obtaining an occupational license; or

· retaining such information in the state agency's records in a form that is not entirely redacted.

The bill authorizes a state agency to disseminate such information with respect to a person without the person's written consent if the dissemination is required or permitted by a federal statute or by a state statute other than state public information law, or if the dissemination is made by or to a law enforcement agency for a law enforcement purpose. The bill requires a state agency to retain in the state agency's records the written consent of a person obtained as required under the bill's provisions.

C.S.H.B. 5129 defines "personal identifying information" for purposes of the bill's provisions and statute relating to restrictions on state agency use of certain individual-identifying information by reference to Business & Commerce Code provisions relating to business records. The bill includes in the term a person's home address, home telephone number, personal cell phone number, personal e-mail address, driver's license number, emergency contact information, and information that reveals whether a person has family members.

C.S.H.B. 5129 applies only to information disseminated or retained by a state agency on or after the bill's effective date.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 5129 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced version took effect September 1, 2025, the substitute takes effect on passage, or, if it does not receive the necessary vote, September 1, 2025.