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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain business entities that act as |
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data brokers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 509.001(4), Business & Commerce Code, as |
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added by Chapter 963 (S.B. 2105), Acts of the 88th Legislature, |
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Regular Session, 2023, is amended to read as follows: |
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(4) "Data broker" means a business entity that |
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collects, processes, or transfers [whose principal source of |
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revenue is derived from the collecting, processing, or transferring |
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of] personal data that the business entity did not collect directly |
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from the individual linked or linkable to the data. |
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SECTION 2. Section 509.003(a), Business & Commerce Code, as |
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added by Chapter 963 (S.B. 2105), Acts of the 88th Legislature, |
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Regular Session, 2023, is amended to read as follows: |
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(a) Except as provided by Subsection (b), this chapter |
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applies only to a data broker that, in a 12-month period, derives: |
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(1) more than 50 percent of the data broker's revenue |
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directly from processing or transferring personal data [that the |
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data broker did] not collected by the data broker [collect] |
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directly from the individuals to whom the data pertains; or |
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(2) revenue directly from processing or transferring |
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the personal data of more than 50,000 individuals [that the data |
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broker did] not collected by the data broker [collect] directly |
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from the individuals to whom the data pertains. |
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SECTION 3. It is the intent of the 89th Legislature, Regular |
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Session, 2025, that the amendments made by this Act be harmonized |
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with another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. This Act takes effect September 1, 2025. |