TITLE: Relating to restrictions on the sale by a state agency of information that identifies an individual.

SUMMARY: Relating to restrictions on the sale by a state agency of information that identifies an individual.

FULL TEXT:
AN ACT relating to restrictions on the sale by a state agency of information that identifies an individual. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 10, Government Code, is amended by adding Chapter 2060 to read as follows: CHAPTER 2060. RESTRICTIONS ON SALE BY STATE AGENCY OF CERTAIN INDIVIDUAL-IDENTIFYING INFORMATION Sec. 2060.001. DEFINITION. In this chapter, "state agency" means a department, commission, board, office, council, authority, or other agency in the executive, legislative, or judicial branch of state government, including a university system or institution of higher education as defined by Section 61.003, Education Code, that is created by the constitution or a statute of this state. Sec. 2060.002. CONSENT REQUIRED BEFORE SALE; RECORDS. (a) Before a state agency may sell to a person information that alone or in conjunction with other information identifies an individual, the state agency must obtain the written consent of the individual. (b) A state agency shall retain the consent of an individual in the agency's records until the sales contract or agreement under which the information is sold expires. Sec. 2060.003. PROHIBITED SALES. A state agency may not: (1) sell to a person any information that alone or in conjunction with other information identifies an individual unless the person agrees in writing not to resell the information; (2) sell to a person who wishes to remain anonymous any information that alone or in conjunction with other information identifies an individual; or (3) sell to a person any information that alone or in conjunction with other information identifies an individual unless the individual has provided written consent to the agency. SECTION 2. Chapter 2060, Government Code, as added by this Act, applies only to information sold by a state agency to another person on or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2015.