89R16074 GP-D
 
  By: Hinojosa H.B. No. 5281
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition on the dissemination of certain personal
  identifying information by a state agency to the federal
  government.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 2.  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.
               (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 3.  Chapter 2062, Government Code, is amended by
  adding Section 2062.003 to read as follows:
         Sec. 2062.003.  DISSEMINATION OF CERTAIN PERSONAL
  IDENTIFYING INFORMATION PROHIBITED; EXCEPTIONS.  (a)  Except as
  provided by Subsection (b), a state agency may not disseminate to
  the federal government or a federal official any document or other
  data that includes the personal identifying information of a person
  that has not been redacted or otherwise anonymized.
         (b)  A state agency may disseminate information described by
  Subsection (a) with respect to a person if the dissemination is:
               (1)  necessary to comply with or implement a federal or
  state law or program; or
               (2)  authorized in writing by the person.
         (c)  A state agency shall retain the written consent of a
  person obtained under this section in the state agency's records.
         SECTION 4.  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 5.  This Act takes effect September 1, 2025.