Bill Text: TX SB15 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the Texas Consumer Privacy Act Phase I; creating criminal offenses; increasing the punishment for an existing criminal offense.

Spectrum: Moderate Partisan Bill (Republican 24-7)

Status: (Passed) 2021-06-18 - Effective immediately [SB15 Detail]

Download: Texas-2021-SB15-Introduced.html
  87R8320 JXC-F
 
  By: Nichols S.B. No. 15
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Texas Consumer Privacy Act Phase I; creating
  criminal offenses; increasing the punishment for an existing
  criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Texas Consumer
  Privacy Act Phase I.
         SECTION 2.  Section 521.0475(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (b), the department
  shall provide a certified abstract of a complete driving record of a
  license holder, for a fee of $20, to the license holder or a person
  eligible to receive the information under Sections
  730.007(a)(2)(A), (B), and (E) [Sections 730.007(a)(2)(A), (D),
  and (I)].
         SECTION 3.  Section 730.003, Transportation Code, is amended
  by adding Subdivision (1-a) and amending Subdivision (6) to read as
  follows:
               (1-a) "Authorized recipient" means a person who
  receives personal information directly from an agency in a manner
  authorized by this chapter.
               (6)  "Personal information" means information that
  identifies a person, including an individual's photograph or
  computerized image, social security number, date of birth, [driver]
  identification number, name, address, e-mail address [but not the
  zip code], telephone number, and medical or disability information.
  The term does not include:
                     (A)  information on vehicle accidents, driving or
  equipment-related violations, or driver's license or registration
  status; or
                     (B)  information contained in an accident report
  prepared under:
                           (i)  Chapter 550; or
                           (ii)  former Section 601.004 before
  September 1, 2017.
         SECTION 4.  Section 730.006, Transportation Code, is amended
  to read as follows:
         Sec. 730.006.  REQUIRED DISCLOSURE WITH CONSENT. Personal
  information obtained by an agency in connection with a motor
  vehicle record shall be disclosed to a requestor who:
               (1)  is the subject of the information; or
               (2)  demonstrates, in such form and manner as the
  agency requires, that the requestor has obtained the written
  consent of the person who is the subject of the information.
         SECTION 5.  The heading to Section 730.007, Transportation
  Code, is amended to read as follows:
         Sec. 730.007.  PERMITTED DISCLOSURES OF CERTAIN PERSONAL
  INFORMATION.
         SECTION 6.  Sections 730.007(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  Personal information obtained by an agency in
  connection with a motor vehicle record may be disclosed to any
  requestor by an agency if the requestor:
               (1)  provides the requestor's name and address and any
  proof of that information required by the agency; and
               (2)  represents that the use of the personal
  information will be strictly limited to:
                     (A)  use by the Texas Department of Motor
  Vehicles, the Department of Public Safety, the Texas Department of
  Transportation, a [:
                           [(i)  a government agency, including any]
  court, or a law enforcement agency, in carrying out its functions;
  [or
                           [(ii) a private person or entity acting on
  behalf of a government agency in carrying out the functions of the
  agency;]
                     (B)  [use in connection with a matter of:
                           [(i)  motor vehicle or motor vehicle
  operator safety;
                           [(ii) motor vehicle theft;
                           [(iii) motor vehicle product alterations,
  recalls, or advisories;
                           [(iv) performance monitoring of motor
  vehicles, motor vehicle parts, or motor vehicle dealers;
                           [(v)  motor vehicle market research
  activities, including survey research; or
                           [(vi) removal of nonowner records from the
  original owner records of motor vehicle manufacturers;
                     [(C) use in the normal course of business by a
  legitimate business or an authorized agent of the business, but
  only:
                           [(i)  to verify the accuracy of personal
  information submitted by the individual to the business or the
  agent of the business; and
                           [(ii) if the information is not correct, to
  obtain the correct information, for the sole purpose of preventing
  fraud by, pursuing a legal remedy against, or recovering on a debt
  or security interest against the individual;
                     [(D)] use in conjunction with a civil, criminal,
  administrative, or arbitral proceeding in any court or government
  agency or before any self-regulatory body, including service of
  process, investigation in anticipation of litigation, execution or
  enforcement of a judgment or order, or under an order of any court;
                     (C) [(E)]  use in research or in producing
  statistical reports, but only if the personal information is not
  published, redisclosed, or used to contact any individual;
                     (D)  [(F) use by an insurer or insurance support
  organization, or by a self-insured entity, or an authorized agent
  of the entity, in connection with claims investigation activities,
  antifraud activities, rating, or underwriting;
                     [(G)] use in providing notice to an owner of a
  vehicle that was towed or impounded and is in the possession of the
  requestor [vehicle];
                     (E)  [(H) use by a licensed private investigator
  agency or licensed security service for a purpose permitted under
  this section;
                     [(I)] use by an employer or an agent or insurer of
  the employer to obtain or verify information relating to a holder of
  a commercial driver's license that is required under 49 U.S.C.
  Chapter 313;
                     (F) [(J)]  use in connection with the operation of
  a private toll transportation facility; or
                     (G) [(K)]  use by a consumer reporting agency, as
  defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et
  seq.), for a purpose permitted under that Act[; or
                     [(L) use for any other purpose specifically
  authorized by law that relates to the operation of a motor vehicle
  or to public safety].
         (c)  This section does not:
               (1)  prohibit the disclosure of a person's photographic
  image to:
                     (A)  a law enforcement agency, the Texas
  Department of Motor Vehicles, [a county tax assessor-collector,] or
  a criminal justice agency for an official purpose;
                     (B)  an agency of this state investigating an
  alleged violation of a state or federal law relating to the
  obtaining, selling, or purchasing of a benefit authorized by
  Chapter 31 or 33, Human Resources Code; or
                     (C)  an agency of this state investigating an
  alleged violation of a state or federal law under authority
  provided by Title 4, Labor Code; or
               (2)  prevent a court from compelling by subpoena the
  production of a person's photographic image.
         SECTION 7.  Chapter 730, Transportation Code, is amended by
  adding Sections 730.0121, 730.0122, and 730.0123 to read as
  follows:
         Sec. 730.0121.  DELETION OF INFORMATION REQUIRED IF NOT
  AUTHORIZED RECIPIENT. An agency by rule shall require a requestor
  to delete from the requestor's records personal information
  received from the agency under this chapter if the requestor
  becomes aware that the requestor is not an authorized recipient of
  that information. 
         Sec. 730.0122.  SALE PROHIBITED. (a) A person may not sell
  personal information obtained by an agency in connection with a
  motor vehicle record.
         (b)  A person commits an offense if the person violates
  Subsection (a). An offense under this subsection is a misdemeanor
  punishable by a fine not to exceed $100,000.
         Sec. 730.0123.  CIVIL SUIT. (a) A person who sells personal
  information obtained by an agency in connection with a motor
  vehicle record is liable to the person who is the subject of the
  information for: 
               (1)  actual damages;
               (2)  if the actual damages to the person are less than
  $2,500, an additional amount so that the total amount of damages
  equals $2,500; and
               (3)  court costs and reasonable attorney's fees
  incurred by the person who is the subject of the information in
  bringing the action.
         (b)  A person whose personal information has been sold in
  violation of this section may sue for:
               (1)  the damages, costs, and fees authorized under
  Subsection (a);
               (2)  injunctive relief; and
               (3)  any other equitable remedy determined to be
  appropriate by the court.
         (c)  A district court has exclusive original jurisdiction
  over a cause of action brought under this section.
         SECTION 8.  Section 730.013, Transportation Code, is amended
  to read as follows:
         Sec. 730.013.  [RESALE OR] REDISCLOSURE; OFFENSE. (a) An
  authorized recipient of personal information may not [resell or]
  redisclose the personal information in the identical or a
  substantially identical format the personal information was
  disclosed to the recipient by the applicable agency.
         (b)  An authorized recipient of personal information may
  [resell or] redisclose the information only for a use permitted
  under Section 730.007.
         (c)  An [Any] authorized recipient who [resells or]
  rediscloses personal information obtained from an agency shall be
  required by that agency to:
               (1)  maintain for a period of not less than five years
  records as to any person or entity receiving that information and
  the permitted use for which it was obtained; and
               (2)  provide copies of those records to the agency on
  request.
         (c-1)  A person who receives personal information from an
  authorized recipient may not redisclose the personal information.
         (c-2)  An authorized recipient shall notify each person who
  receives personal information from the authorized recipient that
  the person may not redisclose the personal information.
         (d)  A person commits an offense if the person violates this
  section. An offense under this subsection is a misdemeanor
  punishable by a fine not to exceed $100,000 per record of personal
  information that is a subject of the violation [$25,000].
         SECTION 9.  The heading to Section 730.016, Transportation
  Code, is amended to read as follows:
         Sec. 730.016.  INELIGIBILITY OF CERTAIN PERSONS TO RECEIVE,
  RETAIN, OR REDISCLOSE PERSONAL INFORMATION; OFFENSE.
         SECTION 10.  Section 730.016, Transportation Code, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  A person who is convicted of an offense under this
  chapter, or who violates a rule adopted by an agency relating to the
  terms or conditions for a release of personal information to the
  person:
               (1)[,] is ineligible to receive personal information
  under Section 730.007;
               (2)  not later than one year after the date of
  conviction or of the agency's final determination of a rule
  violation, shall delete from the person's records all personal
  information received under this chapter; and
               (3)  may not redisclose personal information received
  under this chapter.
         (c)  A person commits an offense if the person violates this
  section. An offense under this subsection is a misdemeanor
  punishable by a fine not to exceed $100,000 per record of personal
  information that is a subject of the violation.
         SECTION 11.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 12.  (a) Section 730.0121, Transportation Code, as
  added by this Act, applies to a person who received personal
  information under Chapter 730, Transportation Code, before the
  effective date of this Act, and is not an authorized recipient of
  that personal information under Chapter 730, Transportation Code,
  as amended by this Act.
         (b)  Notwithstanding Subsection (a) of this section, an
  agency to which Section 730.0121, Transportation Code, as added by
  this Act, applies may not require a person who received personal
  information from the agency before the effective date of this Act
  and is not an authorized recipient, as defined by Section
  730.003(1-a), Transportation Code, as added by this Act, of that
  information to delete the information before the first anniversary
  of the effective date of this Act.
         SECTION 13.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2021.
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