Bill Text: TX HB3750 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
| 83R24269 DDT/EAH-D | |||
| By: Farrar | H.B. No. 3750 | ||
| Substitute the following for H.B. No. 3750: | |||
| By: Bohac | C.S.H.B. No. 3750 | ||
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| relating to the destruction of the records of businesses, state and | ||
| local governments, and nonprofit entities stored on copy machines; | ||
| providing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 72, Business & Commerce | ||
| Code, is amended by adding Section 72.005 to read as follows: | ||
| Sec. 72.005. DESTRUCTION OF BUSINESS RECORDS OR NONPROFIT | ||
| ENTITY RECORDS STORED ON COPY MACHINES REQUIRED. (a) | ||
| Notwithstanding Section 72.002 or any other law relating to the | ||
| retention of records, a business or a nonprofit entity shall | ||
| destroy, or arrange for the destruction of, all business records or | ||
| records of the nonprofit entity stored on a copy machine before the | ||
| business or nonprofit entity terminates its ownership, lease, or | ||
| use of the machine. | ||
| (b) A business or nonprofit entity that violates Subsection | ||
| (a) is liable to this state for a civil penalty in an amount not to | ||
| exceed $10,000 for each violation. The attorney general or a county | ||
| or district attorney may bring an action to recover the civil | ||
| penalty imposed under this subsection. | ||
| (c) In this section, "records," with respect to a nonprofit | ||
| entity, means any material recorded or preserved by any means. | ||
| SECTION 2. Chapter 202, Local Government Code, is amended | ||
| by adding Section 202.010 to read as follows: | ||
| Sec. 202.010. DESTRUCTION OF RECORDS STORED ON COPY | ||
| MACHINES REQUIRED. (a) A local government shall destroy, or | ||
| arrange for the destruction of, all local government records stored | ||
| on a copy machine before the local government terminates its | ||
| ownership, lease, or use of the machine. | ||
| (b) A local government that violates Subsection (a) is | ||
| liable to this state for a civil penalty in an amount not to exceed | ||
| $10,000 for each violation. The attorney general or a county or | ||
| district attorney may bring an action to recover the civil penalty | ||
| imposed under this subsection. | ||
| SECTION 3. Section 441.187, Government Code, is amended by | ||
| adding Subsections (a-1) and (f) to read as follows: | ||
| (a-1) Notwithstanding Subsections (a), (b), (c), and (d), a | ||
| state agency shall destroy, or arrange for the destruction of, all | ||
| state records stored on a copy machine before the agency terminates | ||
| its ownership, lease, or use of the machine. | ||
| (f) A state agency that violates Subsection (a-1) is liable | ||
| to this state for a civil penalty in an amount not to exceed $10,000 | ||
| for each violation. The attorney general or a county or district | ||
| attorney may bring an action to recover the civil penalty imposed | ||
| under this subsection. | ||
| SECTION 4. This Act takes effect September 1, 2013. | ||
