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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the use of global privacy controls to |
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protect a consumer's personal data; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 541, Business & Commerce |
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Code, is amended by adding Section 541.056 to read as follows: |
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Sec. 541.056. GLOBAL PRIVACY CONTROL. (a) In this section: |
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(1) "Global privacy control" means a browser plug-in, |
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privacy setting, device setting, or other mechanism that |
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communicates or signals a consumer's decision not to have the |
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consumer's data sold, shared, or disclosed. |
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(2) "Plug-in" means a piece of software code that |
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enables a computer application or program to perform an activity |
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the application or program cannot do independently. |
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(b) A controller collecting personal data from a consumer |
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online shall treat the consumer's use of a global privacy control as |
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a valid request submitted by the consumer not to sell, share, or |
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disclose the consumer's personal data. |
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(c) A controller that operates an Internet web browser in |
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this state shall enable the browser to automatically recognize and |
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comply with a consumer's global privacy control choices. |
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SECTION 2. Section 541.155, Business & Commerce Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] person who |
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violates this chapter following the cure period described by |
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Section 541.154 or who breaches a written statement provided to the |
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attorney general under that section is liable for a civil penalty in |
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an amount not to exceed $7,500 for each violation. |
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(a-1) A person who violates Section 541.056 following the |
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cure period described by Section 541.154 is liable for a civil |
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penalty: |
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(1) in an amount not to exceed $5,000 for each |
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violation; or |
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(2) if a person repeatedly violates Section 541.056, |
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in an amount that is: |
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(A) greater than $5,000; and |
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(B) sufficient to deter future violations of that |
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section, as determined by the court. |
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SECTION 3. This Act takes effect September 1, 2025. |