89R18390 GP-D
 
  By: Noble H.B. No. 5129
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the security of certain personal identifying
  information submitted to or retained by a state agency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Right to Privacy
  Act.
         SECTION 2.  The heading to Chapter 2062, Government Code, is
  amended to read as follows:
  CHAPTER 2062.  RESTRICTIONS ON STATE AGENCY USE AND DISSEMINATION
  OF CERTAIN PERSONAL [INDIVIDUAL-IDENTIFYING] INFORMATION
         SECTION 3.  Section 2062.001, Government Code, is amended by
  amending Subdivision (2) and adding Subdivision (3) to read as
  follows:
               (2)  "Personal identifying information" has the
  meaning assigned by Section 72.001, Business & Commerce Code, and
  includes 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.
               (3)  "State agency" means a department, commission,
  board, office, council, authority, or other agency in the
  executive, legislative, or judicial branch of state government,
  including a university system or institution of higher education as
  defined by Section 61.003, Education Code, that is created by the
  constitution or a statute of this state.
         SECTION 4.  Chapter 2062, Government Code, is amended by
  adding Section 2062.003 to read as follows:
         Sec. 2062.003.  CONSENT REQUIRED BEFORE DISSEMINATING
  CERTAIN PERSONAL IDENTIFYING INFORMATION; RECORDS.  (a)  Except as
  provided by Subsection (b), a state agency may not, without written
  consent:
               (1)  disseminate 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
               (2)  retain information described by Subdivision (1) in
  the state agency's records in a form that is not entirely redacted.
         (b)  A state agency may disseminate information described by
  Subsection (a) with respect to a person without the person's
  written consent if the dissemination is:
               (1)  required or permitted by a federal statute or by a
  state statute other than Chapter 552; or
               (2)  made by or to a law enforcement agency for a law
  enforcement purpose.
         (c)  A state agency shall retain the written consent of a
  person obtained as required under this section in the state
  agency's records.
         SECTION 5.  Section 2062.003, Government Code, as added by
  this Act, applies only to information disseminated or retained by a
  state agency on or after the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2025.