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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the transfer of certain personal data |
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without consent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 11, Business & Commerce Code, |
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is amended by adding Chapter 511 to read as follows: |
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CHAPTER 511. TELEPHONE NUMBERS AND SIMILAR CONTACT INFORMATION |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 511.001. DEFINITIONS. In this chapter: |
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(1) "Consent," when referring to an individual, means |
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a clear affirmative act signifying an individual's freely given, |
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specific, informed, and unambiguous agreement to the disclosure, |
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release, sharing, dissemination, making available, or sale of the |
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individual's personal data. The term includes a written statement, |
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including a statement written by electronic means, or any other |
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unambiguous affirmative action. |
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(2) "Individual" means a natural person residing in |
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this state. |
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Sec. 511.002. APPLICABILITY OF CHAPTER. This chapter |
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applies only to a person: |
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(1) who resides in this state; or |
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(2) who: |
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(A) does business in this state; |
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(B) derives revenue from the disclosure, |
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release, sharing, dissemination, making available, or sale of |
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personal data, including phone numbers, of an individual; and |
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(C) does not collect personal data directly from |
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the individual to whom the data pertains. |
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Sec. 511.003. PROHIBITION ON TRANSFER OF PHONE NUMBER. A |
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person may not disclose, release, share, disseminate, make |
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available, or sell to a third party the phone number of an |
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individual without first obtaining the consent of that individual. |
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SUBCHAPTER B. ENFORCEMENT |
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Sec. 511.051. NOTICE OF VIOLATION; OPPORTUNITY TO CURE. |
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(a) The attorney general has exclusive authority to enforce this |
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chapter. |
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(b) Before bringing an action under Section 511.052 or |
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511.053, the attorney general shall notify a person in writing at |
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least 30 days before the date the attorney general brings the |
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action. The notice must identify the specific provisions of this |
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chapter that the attorney general alleges have been or are being |
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violated. |
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(c) The attorney general may not bring an action under this |
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subchapter against a person if: |
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(1) within the 30-day period described by Subsection |
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(b), the person cures the violation; and |
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(2) the person provides the attorney general a written |
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statement that: |
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(A) the person cured the alleged violation; and |
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(B) it is the person's intent that no further |
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violations of this chapter will occur. |
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(d) Written notice by the attorney general under Subsection |
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(b) shall be delivered by: |
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(1) certified mail, return receipt requested; or |
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(2) first-class mail with proof of delivery. |
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Sec. 511.052. DECEPTIVE TRADE PRACTICE. A violation of |
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this chapter following the cure period described by Section 511.051 |
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is a deceptive trade practice in addition to the practices |
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described by Subchapter E, Chapter 17, and is actionable under that |
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subchapter. |
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Sec. 511.053. INJUNCTION. (a) The attorney general may |
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bring an action in the name of the state following the cure period |
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described by Section 511.051 to restrain or enjoin a person from |
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violating this chapter. |
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(b) The attorney general may recover reasonable attorney's |
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fees and other reasonable expenses incurred in investigating and |
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bringing an action under this section. |
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Sec. 511.054. NO PRIVATE RIGHT OF ACTION. This chapter may |
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not be construed to create, provide a basis for, or be subject to a |
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private right of action for a violation of this chapter or any other |
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law. |
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SECTION 2. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |