Bill Text: TX HJR112 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Proposing a constitutional amendment limiting the authority of the state to collect, receive, store, or share certain personal financial information.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-29 - Committee report sent to Calendars [HJR112 Detail]
Download: Texas-2013-HJR112-Comm_Sub.html
| 83R22070 ATP-D | |||
| By: Laubenberg | H.J.R. No. 112 | ||
| Substitute the following for H.J.R. No. 112: | |||
| By: Harper-Brown | C.S.H.J.R. No. 112 | ||
|
|
||
| proposing a constitutional amendment limiting the authority of the | ||
| state to collect, receive, store, or share certain personal | ||
| financial information. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article I, Texas Constitution, is amended by | ||
| adding Section 34 to read as follows: | ||
| Sec. 34. (a) An executive agency of this state has no | ||
| compelling interest in the personal financial information of an | ||
| individual engaging in private business, and, therefore, an | ||
| executive agency of this state may not collect, receive, or store | ||
| personal financial information or data about any person, including | ||
| financial information or data about a person's borrowing or | ||
| spending habits or history, relationships with financial | ||
| institutions or other lenders, credit card-related information, or | ||
| income, other than: | ||
| (1) financial information or data that an individual | ||
| provides to the executive agency regarding the individual or a | ||
| person related to the individual; or | ||
| (2) financial information or data that is obtained for | ||
| purposes of performing an audit of an entity regulated by the | ||
| executive agency, if the executive agency does not store the | ||
| information or data after the audit is complete. | ||
| (b) Financial information and data collected, received, or | ||
| stored by an executive agency of this state in the course of | ||
| business of the agency and in accordance with this section may not | ||
| be shared with a third party if the individual to whom the | ||
| information or data pertains has no knowledge of the collection, | ||
| receipt, or storage of the information or data. | ||
| (c) Subsections (a) and (b) of this section do not apply to: | ||
| (1) financial information or data collected, | ||
| received, stored, or shared for purposes of enforcing criminal, | ||
| child support, or tax laws; or | ||
| (2) financial information or data provided by an | ||
| individual to seek or obtain a benefit, a privilege, an office, or | ||
| employment, or to enter into a transaction with this state or an | ||
| agency of this state. | ||
| SECTION 2. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held November 5, 2013. | ||
| The ballot shall be printed to provide for voting for or against the | ||
| proposition: "The constitutional amendment limiting the authority | ||
| of the state to collect, receive, store, or share certain personal | ||
| financial information." | ||
