Bill Text: TX HB3750 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the destruction of the records of businesses, state and local governments, and nonprofit entities stored on copy machines; providing a civil penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-05-10 - Referred to Business & Commerce [HB3750 Detail]

Download: Texas-2013-HB3750-Introduced.html

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By: Farrar H.B. No. 3750

A BILL TO BE ENTITLED
AN ACT
relating to digital storage of copy machines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Business and Commerce Code is amended by
adding Chapter 107 as follows:
CHAPTER 107. DIGITAL STORAGE OF COPY MACHINES
Sec. 107.001. DEFINITIONS. In this chapter:
(1) "Business" means any corporation, company,
partnership, firm, association, or other entity, and shall include
a public entity.
(2) "Public entity" means the State, and any county,
municipality, district, public authority, public agency, and any
other political subdivision or public body in the State.
(3) "Records" means any material recorded or preserved
by any means.
Sec. 107.002. DESTRUCTION OF DIGITAL COPIES. A business
shall destroy, or arrange for the destruction of, all records
stored on a digital copy machine, which is no longer to be retained
by that business, by erasing or otherwise modifying those records
to make the records unreadable, undecipherable, or
nonreconstructable through generally available means.
Sec. 107.003. CIVIL PENALTY. A business that violates this
chapter is subject to a civil penalty not to exceed $10,000 for each
violation.
Sec. 107.004. SUIT FOR CIVIL PENALTY. The attorney general
or a county or district attorney may bring an action to recover a
civil penalty imposed under Section. 107.003.
SECTION 2. This act take effect September 1, 2013.