Bill Text: TX SB15 | 2021-2022 | 87th Legislature | Comm Sub
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-Comm_Sub.html
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-Comm_Sub.html
By: Nichols, et al. | S.B. No. 15 | |
(In the Senate - Filed March 1, 2021; March 3, 2021, read | ||
first time and referred to Committee on Transportation; | ||
April 9, 2021, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 0; April 9, 2021, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 15 | By: Nichols |
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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 11.030, Parks and Wildlife Code, is | ||
amended by amending Subsections (a) and (c) and adding Subsections | ||
(e-1), (e-2), and (e-3) to read as follows: | ||
(a) The name and address and a telephone, social security, | ||
driver's license, bank account, credit card, or charge card number | ||
of a person who purchases customer products, licenses, or services | ||
from the department may not be disclosed, sold, rented, or traded | ||
except as authorized under this section or Section 12.0251. | ||
(c) The commission by rule shall adopt policies relating to: | ||
(1) the release of the customer information; and | ||
(2) the use of the customer information by the | ||
department[ |
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(e-1) The department may disclose statistical data and | ||
compilations of customer information described by Subsection (a) if | ||
the information does not reveal information identifying a specific | ||
department customer or a department customer's address, telephone | ||
number, social security number, or driver's license number. | ||
(e-2) The department may disclose customer information | ||
described by Subsection (a): | ||
(1) to another governmental body, including a law | ||
enforcement entity, as needed to carry out a governmental purpose; | ||
(2) if the customer that is the subject of the | ||
information consents in writing to the specific disclosure; or | ||
(3) if the information is: | ||
(A) part of a record that is considered to be a | ||
public record under Section 31.039; or | ||
(B) authorized to be disclosed under Section | ||
31.0391. | ||
(e-3) This section does not authorize the department to | ||
disclose information the department is prohibited from disclosing | ||
by other law. | ||
SECTION 3. Section 204.011(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The [ |
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not disclose to any person the name, address, telephone number, | ||
social security account number, driver's license number, bank | ||
account number, credit or debit card number, or charge account | ||
number of a person who: | ||
(1) is or has been a subscriber to "Texas Highways"; or | ||
(2) has purchased from the department a promotional | ||
item described by Section 204.009. | ||
SECTION 4. 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 (G) [ |
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SECTION 5. Section 548.601(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A person, including an inspector or an inspection | ||
station, commits an offense if the person: | ||
(1) submits information to the department's inspection | ||
database or issues a vehicle inspection report with knowledge that | ||
the submission or issuance is in violation of this chapter or rules | ||
adopted under this chapter; | ||
(2) falsely or fraudulently represents to the owner or | ||
operator of a vehicle that equipment inspected or required to be | ||
inspected must be repaired, adjusted, or replaced for the vehicle | ||
to pass an inspection; | ||
(3) misrepresents: | ||
(A) material information in an application in | ||
violation of Section 548.402 or 548.403; or | ||
(B) information filed with the department under | ||
this chapter or as required by department rule; | ||
(4) submits information to the department's inspection | ||
database or issues a vehicle inspection report: | ||
(A) without authorization to issue the report or | ||
submit the information; or | ||
(B) without inspecting the vehicle; | ||
(5) submits information to the department's inspection | ||
database indicating that a vehicle has passed the applicable | ||
inspections or issues a passing vehicle inspection report for a | ||
vehicle with knowledge that the vehicle has not been repaired, | ||
adjusted, or corrected after an inspection has shown a repair, | ||
adjustment, or correction to be necessary; | ||
(6) knowingly submits information to the department's | ||
inspection database or issues a vehicle inspection report: | ||
(A) for a vehicle without conducting an | ||
inspection of each item required to be inspected; or | ||
(B) for a vehicle that is missing an item | ||
required to be inspected or that has an item required to be | ||
inspected that is not in compliance with state law or department | ||
rules; | ||
(7) refuses to allow a vehicle's owner to have a | ||
qualified person of the owner's choice make a required repair, | ||
adjustment, or correction; | ||
(8) charges for an inspection an amount greater than | ||
the authorized fee; | ||
(9) discloses or sells information about a customer, | ||
vehicle owner, or vehicle to a person other than the department or | ||
the person who is the subject of the information, including a | ||
vehicle identification number, vehicle mileage, or vehicle | ||
inspection report, or a customer or vehicle owner's name, address, | ||
or phone number; or | ||
(10) [ |
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perform an act required by this chapter or a rule adopted under this | ||
chapter. | ||
SECTION 6. Section 730.003, Transportation Code, is amended | ||
by adding Subdivisions (1-a) and (1-b) and amending Subdivision (6) | ||
to read as follows: | ||
(1-a) "Aggregate report" means a report created in | ||
response to a request for motor vehicle records by combining | ||
individual motor vehicle records into cross-tabulated subtotals | ||
using defined geographic zones that are at least as large as a zip | ||
code but not larger than a county. | ||
(1-b) "Authorized recipient" means a person who is | ||
eligible to receive 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, [ |
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identification number, name, address, but not the zip code, e-mail | ||
address, 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 7. 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 8. The heading to Section 730.007, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 730.007. PERMITTED DISCLOSURES OF CERTAIN PERSONAL | ||
INFORMATION. | ||
SECTION 9. Section 730.007, Transportation Code, is amended | ||
by amending Subsection (a) and adding Subsection (b-1) 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[ |
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court, or a law enforcement agency, in carrying out its functions; | ||
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(B) [ |
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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) [ |
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statistical reports, but only if the personal information is not | ||
published, redisclosed, or used to contact any individual; | ||
(D) [ |
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support organization, or [ |
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authorized agent of an insurer, insurance support organization, or | ||
self-insured entity [ |
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processing or investigation activities, antifraud activities, | ||
rating, or underwriting; | ||
(E) [ |
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a vehicle that was towed or impounded and is in the possession of a | ||
vehicle storage facility; | ||
(F) [ |
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agency or licensed security service for a purpose permitted under | ||
this section; | ||
(G) [ |
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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; | ||
(H) [ |
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a [ |
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(I) [ |
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defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et | ||
seq.), for a purpose permitted under that Act; | ||
(J) use by an agent of a motor vehicle | ||
manufacturer, dealership, or distributor for issuing notifications | ||
concerning motor vehicle alterations, recalls, or advisories; or | ||
(K) if the information is obtained from the Texas | ||
Department of Motor Vehicles in connection with individual | ||
transactions, use in the ordinary course of business by a person or | ||
authorized agent of a person who: | ||
(i) holds a salvage vehicle dealer license | ||
issued under Chapter 2302, Occupations Code; | ||
(ii) holds an independent motor vehicle | ||
dealer or wholesale motor vehicle auction general distinguishing | ||
number issued under Chapter 503 of this code; | ||
(iii) holds a used automotive parts | ||
recycler license issued under Chapter 2309, Occupations Code; or | ||
(iv) is licensed by, registered with, or | ||
subject to regulatory oversight by the Texas Department of Motor | ||
Vehicles, the Texas Department of Banking, the Department of | ||
Savings and Mortgage Lending, the Credit Union Department, the | ||
Office of Consumer Credit Commissioner, the Texas Department of | ||
Insurance, the Board of Governors of the Federal Reserve System, | ||
the Office of the Comptroller of the Currency, the Federal Deposit | ||
Insurance Corporation, or the National Credit Union Administration | ||
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(b-1) Any agency may disclose personal information | ||
requested under Subsection (a)(2)(C) only in the form of an | ||
aggregate report. | ||
SECTION 10. 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 | ||
to a person who is not an authorized recipient 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 to a | ||
person who is not an authorized recipient 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 incurred by the person who is the | ||
subject of the information in bringing the action. | ||
(b) A person whose personal information has been sold to a | ||
person who is not an authorized recipient 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 11. Section 730.013, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 730.013. [ |
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authorized recipient of personal information may not [ |
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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 | ||
[ |
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under Section 730.007. | ||
(c) An [ |
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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 to | ||
a person who is not an authorized recipient. | ||
(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 to a person | ||
who is not an authorized recipient. | ||
(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 [ |
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SECTION 12. 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 13. 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) [ |
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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 14. The following provisions are repealed: | ||
(1) Section 11.030(d), Parks and Wildlife Code; and | ||
(2) Sections 204.011(c) and (d), Transportation Code. | ||
SECTION 15. 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 16. (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-b), 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 17. 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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