Bill Text: TX HJR112 | 2013-2014 | 83rd Legislature | Introduced

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

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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-Introduced.html

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83R10064 ATP-D
By: Laubenberg H.J.R. No. 112

A JOINT RESOLUTION
proposing a constitutional amendment limiting the authority of the
state to collect, receive, or store certain consumer information.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article XVI, Texas Constitution, is amended by
adding Section 74 to read as follows:
Sec. 74. (a) In this section, "consumer-related
information" means information that relates to a sale or purchase
made or obligation incurred by an individual for personal, family,
or household purposes and that documents an individual's:
(1) personal or family income;
(2) outstanding debts;
(3) purchasing history; or
(4) creditworthiness.
(b) This state or an agency of this state may collect,
receive, or store, regardless of the method or source,
consumer-related information specific to an individual only if the
individual provides written authorization for the collection,
receipt, and storage of the information.
(c) For purposes of Subsection (b) of this section,
consumer-related information is specific to an individual if the
information is collected or received from the individual at the
same time as or stored with information that identifies the
individual by name, address, social security number, driver's
license or personal identification card number, or unique number
assigned to the individual by the person or entity collecting,
receiving, or storing the information.
(d) Information collected, received, or stored in violation
of this section may not be used or stored by this state or an agency
of this state for any purpose.
(e) This section does not apply to the collection of
information for a purpose relating to an investigation of a
violation of law or the enforcement of a law.
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 providing that the
state must receive permission from an individual to collect,
receive, or store consumer-related information specific to the
individual in connection with a purchase or loan for personal,
family, or household purposes."