Bill Text: TX HR2431 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, H.B. No. 4.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-05-28 - Reported enrolled [HR2431 Detail]
Download: Texas-2023-HR2431-Enrolled.html
| H.R. No. 2431 | ||
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| BE IT RESOLVED by the House of Representatives of the State of | ||
| Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, | ||
| Section 9(a), be suspended in part as provided by House Rule 13, | ||
| Section 9(f), to enable the conference committee appointed to | ||
| resolve the differences on House Bill 4 (the regulation of the | ||
| collection, use, processing, and treatment of consumers' personal | ||
| data by certain business entities; imposing a civil penalty) to | ||
| consider and take action on the following matters: | ||
| (1) House Rule 13, Section 9(a)(2), is suspended to permit | ||
| the committee to omit text not in disagreement in proposed SECTION 2 | ||
| of the bill, by omitting added Section 541.001(18)(E), Business & | ||
| Commerce Code. The omitted text reads: | ||
| (E) a subsidiary or affiliate of an entity | ||
| regulated under Subtitle B, Title 2, Utilities Code | ||
| Explanation: The change is necessary to omit certain entities | ||
| regulated under the Utilities Code from the definition of a | ||
| nonprofit organization. | ||
| (2) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee to add text on a matter not included in either the | ||
| house or senate version of the bill in proposed SECTION 2 of the | ||
| bill, by adding Section 541.055(f), Business & Commerce Code, to | ||
| read as follows: | ||
| (f) A technology described by Subsection (e): | ||
| (1) may not unfairly disadvantage another controller; | ||
| (2) may not make use of a default setting, but must | ||
| require the consumer to make an affirmative, freely given, and | ||
| unambiguous choice to indicate the consumer's intent to opt out of | ||
| any processing of a consumer's personal data; and | ||
| (3) must be consumer-friendly and easy to use by the | ||
| average consumer. | ||
| Explanation: The change is necessary to ensure the bill's | ||
| requirements are in line with existing technology and the laws and | ||
| standards of other state data privacy laws. | ||
| (3) House Rule 13, Section 9(a)(1), is suspended to permit | ||
| the committee to amend text not in disagreement in proposed SECTION | ||
| 5 of the bill, in the transition language for added Section 541.152, | ||
| Business & Commerce Code, to read as follows: | ||
| SECTION 5. Not later than July 1, 2024, the attorney general | ||
| shall post the information and online mechanism required by Section | ||
| 541.152, Business & Commerce Code, as added by this Act. | ||
| Explanation: The change is necessary to allow affected | ||
| parties more time to comply with the requirements of the | ||
| legislation. | ||
| (4) House Rule 13, Section 9(a)(1), is suspended to permit | ||
| the committee to amend text not in disagreement in proposed SECTION | ||
| 7(a) of the bill, providing the effective date, to read as follows: | ||
| (a) Except as provided by Subsection (b) of this section, | ||
| this Act takes effect July 1, 2024. | ||
| Explanation: The change is necessary to allow affected | ||
| parties more time to comply with the requirements of the | ||
| legislation. | ||
| Capriglione | ||
| ______________________________ | ||
| Speaker of the House | ||
| I certify that H.R. No. 2431 was adopted by the House on May | ||
| 28, 2023, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
