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AN ACT
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relating to the security of certain personal identifying |
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information submitted to or retained by a state agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Right to Privacy |
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Act. |
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SECTION 2. The heading to Chapter 2062, Government Code, is |
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amended to read as follows: |
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CHAPTER 2062. RESTRICTIONS ON STATE AGENCY USE AND DISSEMINATION |
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OF CERTAIN PERSONAL [INDIVIDUAL-IDENTIFYING] INFORMATION |
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SECTION 3. Section 2062.001, Government Code, is amended by |
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amending Subdivision (2) and adding Subdivision (3) to read as |
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follows: |
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(2) "Personal identifying information" includes a |
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person's home address, home telephone number, personal cell phone |
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number, personal e-mail address, driver's license number, |
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emergency contact information, and information that reveals |
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whether a person has family members. |
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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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SECTION 4. Chapter 2062, Government Code, is amended by |
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adding Section 2062.003 to read as follows: |
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Sec. 2062.003. CONSENT REQUIRED BEFORE DISSEMINATING |
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CERTAIN PERSONAL IDENTIFYING INFORMATION; RECORDS. (a) Except as |
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provided by Subsection (b), a state agency may not, without written |
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consent, disseminate to any person the personal identifying |
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information of a person who submits information to the state agency |
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for the purpose of obtaining an occupational license. |
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(b) A state agency may disseminate information described by |
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Subsection (a) with respect to a person without the person's |
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written consent if the dissemination is: |
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(1) required or permitted by a federal statute or by |
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another law of this state; or |
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(2) made by or to a law enforcement agency for a law |
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enforcement purpose. |
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(c) A state agency shall retain the written consent of a |
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person obtained as required under this section in the state |
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agency's records. |
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(d) For purposes of this section, the term "occupational |
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license" does not include a license or permit that is administered |
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by the comptroller under the Occupations Code. |
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SECTION 5. Section 2062.003, Government Code, as added by |
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this Act, applies only to information disseminated or retained by a |
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state agency on or after the effective date of this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 5129 was passed by the House on May |
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12, 2025, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 5129 was passed by the Senate on May |
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27, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |