Bill Text: TX HB3471 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the Texas Consumer Privacy Act Phase I; creating criminal offenses; increasing the punishment for an existing criminal offense.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2021-03-22 - Referred to Transportation [HB3471 Detail]
Download: Texas-2021-HB3471-Introduced.html
87R8320 JXC-F | ||
By: King of Parker | H.B. No. 3471 |
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relating to the Texas Consumer Privacy Act Phase I; creating | ||
criminal offenses; increasing the punishment for an existing | ||
criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Texas Consumer | ||
Privacy Act Phase I. | ||
SECTION 2. Section 521.0475(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (b), the department | ||
shall provide a certified abstract of a complete driving record of a | ||
license holder, for a fee of $20, to the license holder or a person | ||
eligible to receive the information under Sections | ||
730.007(a)(2)(A), (B), and (E) [ |
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SECTION 3. Section 730.003, Transportation Code, is amended | ||
by adding Subdivision (1-a) and amending Subdivision (6) to read as | ||
follows: | ||
(1-a) "Authorized recipient" means a person who | ||
receives personal information directly from an agency in a manner | ||
authorized by this chapter. | ||
(6) "Personal information" means information that | ||
identifies a person, including an individual's photograph or | ||
computerized image, social security number, date of birth, [ |
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identification number, name, address, e-mail address [ |
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The term does not include: | ||
(A) information on vehicle accidents, driving or | ||
equipment-related violations, or driver's license or registration | ||
status; or | ||
(B) information contained in an accident report | ||
prepared under: | ||
(i) Chapter 550; or | ||
(ii) former Section 601.004 before | ||
September 1, 2017. | ||
SECTION 4. Section 730.006, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 730.006. REQUIRED DISCLOSURE WITH CONSENT. Personal | ||
information obtained by an agency in connection with a motor | ||
vehicle record shall be disclosed to a requestor who: | ||
(1) is the subject of the information; or | ||
(2) demonstrates, in such form and manner as the | ||
agency requires, that the requestor has obtained the written | ||
consent of the person who is the subject of the information. | ||
SECTION 5. The heading to Section 730.007, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 730.007. PERMITTED DISCLOSURES OF CERTAIN PERSONAL | ||
INFORMATION. | ||
SECTION 6. Sections 730.007(a) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(a) Personal information obtained by an agency in | ||
connection with a motor vehicle record may be disclosed to any | ||
requestor by an agency if the requestor: | ||
(1) provides the requestor's name and address and any | ||
proof of that information required by the agency; and | ||
(2) represents that the use of the personal | ||
information will be strictly limited to: | ||
(A) use by the Texas Department of Motor | ||
Vehicles, the Department of Public Safety, the Texas Department of | ||
Transportation, a [ |
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court, or a law enforcement agency, in carrying out its functions; | ||
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(B) [ |
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administrative, or arbitral proceeding in any court or government | ||
agency or before any self-regulatory body, including service of | ||
process, investigation in anticipation of litigation, execution or | ||
enforcement of a judgment or order, or under an order of any court; | ||
(C) [ |
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statistical reports, but only if the personal information is not | ||
published, redisclosed, or used to contact any individual; | ||
(D) [ |
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vehicle that was towed or impounded and is in the possession of the | ||
requestor [ |
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(E) [ |
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the employer to obtain or verify information relating to a holder of | ||
a commercial driver's license that is required under 49 U.S.C. | ||
Chapter 313; | ||
(F) [ |
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a private toll transportation facility; or | ||
(G) [ |
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defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et | ||
seq.), for a purpose permitted under that Act[ |
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(c) This section does not: | ||
(1) prohibit the disclosure of a person's photographic | ||
image to: | ||
(A) a law enforcement agency, the Texas | ||
Department of Motor Vehicles, [ |
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a criminal justice agency for an official purpose; | ||
(B) an agency of this state investigating an | ||
alleged violation of a state or federal law relating to the | ||
obtaining, selling, or purchasing of a benefit authorized by | ||
Chapter 31 or 33, Human Resources Code; or | ||
(C) an agency of this state investigating an | ||
alleged violation of a state or federal law under authority | ||
provided by Title 4, Labor Code; or | ||
(2) prevent a court from compelling by subpoena the | ||
production of a person's photographic image. | ||
SECTION 7. Chapter 730, Transportation Code, is amended by | ||
adding Sections 730.0121, 730.0122, and 730.0123 to read as | ||
follows: | ||
Sec. 730.0121. DELETION OF INFORMATION REQUIRED IF NOT | ||
AUTHORIZED RECIPIENT. An agency by rule shall require a requestor | ||
to delete from the requestor's records personal information | ||
received from the agency under this chapter if the requestor | ||
becomes aware that the requestor is not an authorized recipient of | ||
that information. | ||
Sec. 730.0122. SALE PROHIBITED. (a) A person may not sell | ||
personal information obtained by an agency in connection with a | ||
motor vehicle record. | ||
(b) A person commits an offense if the person violates | ||
Subsection (a). An offense under this subsection is a misdemeanor | ||
punishable by a fine not to exceed $100,000. | ||
Sec. 730.0123. CIVIL SUIT. (a) A person who sells personal | ||
information obtained by an agency in connection with a motor | ||
vehicle record is liable to the person who is the subject of the | ||
information for: | ||
(1) actual damages; | ||
(2) if the actual damages to the person are less than | ||
$2,500, an additional amount so that the total amount of damages | ||
equals $2,500; and | ||
(3) court costs and reasonable attorney's fees | ||
incurred by the person who is the subject of the information in | ||
bringing the action. | ||
(b) A person whose personal information has been sold in | ||
violation of this section may sue for: | ||
(1) the damages, costs, and fees authorized under | ||
Subsection (a); | ||
(2) injunctive relief; and | ||
(3) any other equitable remedy determined to be | ||
appropriate by the court. | ||
(c) A district court has exclusive original jurisdiction | ||
over a cause of action brought under this section. | ||
SECTION 8. Section 730.013, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 730.013. [ |
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authorized recipient of personal information may not [ |
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redisclose the personal information in the identical or a | ||
substantially identical format the personal information was | ||
disclosed to the recipient by the applicable agency. | ||
(b) An authorized recipient of personal information may | ||
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under Section 730.007. | ||
(c) An [ |
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rediscloses personal information obtained from an agency shall be | ||
required by that agency to: | ||
(1) maintain for a period of not less than five years | ||
records as to any person or entity receiving that information and | ||
the permitted use for which it was obtained; and | ||
(2) provide copies of those records to the agency on | ||
request. | ||
(c-1) A person who receives personal information from an | ||
authorized recipient may not redisclose the personal information. | ||
(c-2) An authorized recipient shall notify each person who | ||
receives personal information from the authorized recipient that | ||
the person may not redisclose the personal information. | ||
(d) A person commits an offense if the person violates this | ||
section. An offense under this subsection is a misdemeanor | ||
punishable by a fine not to exceed $100,000 per record of personal | ||
information that is a subject of the violation [ |
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SECTION 9. The heading to Section 730.016, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 730.016. INELIGIBILITY OF CERTAIN PERSONS TO RECEIVE, | ||
RETAIN, OR REDISCLOSE PERSONAL INFORMATION; OFFENSE. | ||
SECTION 10. Section 730.016, Transportation Code, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) A person who is convicted of an offense under this | ||
chapter, or who violates a rule adopted by an agency relating to the | ||
terms or conditions for a release of personal information to the | ||
person: | ||
(1)[ |
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under Section 730.007; | ||
(2) not later than one year after the date of | ||
conviction or of the agency's final determination of a rule | ||
violation, shall delete from the person's records all personal | ||
information received under this chapter; and | ||
(3) may not redisclose personal information received | ||
under this chapter. | ||
(c) A person commits an offense if the person violates this | ||
section. An offense under this subsection is a misdemeanor | ||
punishable by a fine not to exceed $100,000 per record of personal | ||
information that is a subject of the violation. | ||
SECTION 11. The changes in law made by this Act apply only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 12. (a) Section 730.0121, Transportation Code, as | ||
added by this Act, applies to a person who received personal | ||
information under Chapter 730, Transportation Code, before the | ||
effective date of this Act, and is not an authorized recipient of | ||
that personal information under Chapter 730, Transportation Code, | ||
as amended by this Act. | ||
(b) Notwithstanding Subsection (a) of this section, an | ||
agency to which Section 730.0121, Transportation Code, as added by | ||
this Act, applies may not require a person who received personal | ||
information from the agency before the effective date of this Act | ||
and is not an authorized recipient, as defined by Section | ||
730.003(1-a), Transportation Code, as added by this Act, of that | ||
information to delete the information before the first anniversary | ||
of the effective date of this Act. | ||
SECTION 13. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2021. |