Bill Text: TX HB3529 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to consent for the use or possession of personal identifying information under the Identity Theft Enforcement and Protection Act.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-05-26 - Effective on 9/1/21 [HB3529 Detail]
Download: Texas-2021-HB3529-Enrolled.html
| H.B. No. 3529 | ||
|
|
||
| relating to consent for the use or possession of personal | ||
| identifying information under the Identity Theft Enforcement and | ||
| Protection Act. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 521.051, Business & Commerce Code, is | ||
| amended by amending Subsection (a) and adding Subsection (a-1) to | ||
| read as follows: | ||
| (a) A person may not obtain, possess, transfer, or use | ||
| personal identifying information of another person without the | ||
| other person's consent or effective consent and with intent to | ||
| obtain a good, a service, insurance, an extension of credit, or any | ||
| other thing of value in the other person's name. | ||
| (a-1) For purposes of this section, "effective consent" | ||
| includes consent given by a person legally authorized to act on | ||
| behalf of the person from whom consent is required. Consent is not | ||
| effective if: | ||
| (1) induced by force, threat, fraud, or coercion; or | ||
| (2) given by a person who by reason of youth, mental | ||
| illness, or intellectual disability is known by the actor to be | ||
| unable to make reasonable decisions. | ||
| SECTION 2. Section 521.051, Business & Commerce Code, as | ||
| amended by this Act, applies only to a violation that occurs on or | ||
| after the effective date of this Act. A violation occurs before the | ||
| effective date of this Act if any element of the violation occurs | ||
| before that date. A violation that occurs before the effective date | ||
| of this Act is governed by the law in effect on the date the | ||
| violation occurred, and the former law is continued in effect for | ||
| that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3529 was passed by the House on April | ||
| 27, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3529 was passed by the Senate on May | ||
| 13, 2021, by the following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
