89R12187 BCH-D
 
  By: Reynolds H.B. No. 5046
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the collection, use, processing, and treatment of
  consumers' personal data by certain business entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 541.103, Business & Commerce Code, is
  amended to read as follows:
         Sec. 541.103.  SALE OF DATA TO THIRD PARTIES AND PROCESSING
  DATA FOR TARGETED ADVERTISING; DISCLOSURE; PAYMENTS TO CONSUMER.  
  (a) If a controller sells personal data to third parties or
  processes personal data for targeted advertising, the controller
  shall clearly and conspicuously disclose that process and the
  manner in which a consumer may exercise the right to opt out of that
  process.
         (b)  If a controller sells a consumer's personal data to a
  third party, the controller shall pay to the consumer 10 percent of
  the gross proceeds of the sale not later than the 60th day after the
  date the sale is completed.
         SECTION 2.  This Act takes effect September 1, 2025.