Bill Text: TX SB571 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to consent for the use or possession of personal identifying information under the Identity Theft Enforcement and Protection Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-20 - Left pending in committee [SB571 Detail]
Download: Texas-2021-SB571-Introduced.html
87R4650 JES-F | ||
By: Zaffirini | S.B. No. 571 |
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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. |