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AN ACT
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relating to the process for notifying the attorney general of a |
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breach of security of computerized data by persons doing business |
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in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 521.053(i) and (j), Business & Commerce |
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Code, are amended to read as follows: |
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(i) A person who is required to disclose or provide |
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notification of a breach of system security under this section |
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shall notify the attorney general of that breach as soon as |
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practicable and not later than the 30th [60th] day after the date on |
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which the person determines that the breach occurred if the breach |
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involves at least 250 residents of this state. The notification |
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under this subsection must be submitted electronically using a form |
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accessed through the attorney general's Internet website and must |
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include: |
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(1) a detailed description of the nature and |
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circumstances of the breach or the use of sensitive personal |
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information acquired as a result of the breach; |
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(2) the number of residents of this state affected by |
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the breach at the time of notification; |
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(3) the number of affected residents that have been |
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sent a disclosure of the breach by mail or other direct method of |
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communication at the time of notification; |
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(4) the measures taken by the person regarding the |
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breach; |
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(5) any measures the person intends to take regarding |
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the breach after the notification under this subsection; and |
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(6) information regarding whether law enforcement is |
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engaged in investigating the breach. |
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(j) The attorney general shall post on the attorney |
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general's publicly accessible Internet website: |
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(1) an electronic form for submitting a notification |
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under Subsection (i); and |
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(2) a listing of the notifications received by the |
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attorney general under Subsection (i), excluding any sensitive |
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personal information that may have been reported to the attorney |
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general under that subsection, any information that may compromise |
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a data system's security, and any other information reported to the |
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attorney general that is made confidential by law. The attorney |
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general shall: |
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(A) [(1)] update the listing not later than the |
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30th day after the date the attorney general receives notification |
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of a new breach of system security; |
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(B) [(2)] remove a notification from the listing |
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not later than the first anniversary of the date the attorney |
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general added the notification to the listing if the person who |
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provided the notification has not notified the attorney general of |
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any additional breaches under Subsection (i) during that period; |
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and |
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(C) [(3)] maintain only the most recently |
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updated listing on the attorney general's website. |
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SECTION 2. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 768 passed the Senate on |
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April 3, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 768 passed the House on |
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May 12, 2023, by the following vote: Yeas 139, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |