TITLE: Relating to the privacy of certain personal information held by health and human services agencies.

SUMMARY: Relating to the privacy of certain personal information held by health and human services agencies.

FULL TEXT:
AN ACT relating to the privacy of certain personal information held by health and human services agencies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 531, Government Code, is amended by adding Subchapter V-1 to read as follows: SUBCHAPTER V-1. PRIVACY OF PERSONAL INFORMATION Sec. 531.931. DEFINITION. In this subchapter, "personal information" includes: (1) information that alone or in conjunction with other information identifies an individual, including an individual's: (A) name, social security number, date of birth, or government-issued identification number; (B) mother's maiden name; (C) unique biometric data, including the individual's fingerprint, voice print, and retina or iris image; (D) unique electronic identification number, address, or routing code; (E) telecommunication access device as defined by Section 32.51, Penal Code; and (F) financial institution account number or credit or debit card number; and (2) information that relates to: (A) the physical or mental health or condition of an individual; (B) the provision of health care to an individual; or (C) payment for the provision of health care to an individual. Sec. 531.932. SALE OF PERSONAL INFORMATION. (a) A health and human services agency may not sell personal information to any person unless the agency obtains the consent of the individual who is the subject of the information. (b) An agency may not require an individual to consent to the sale of personal information as a condition of receiving services from the agency. Sec. 531.933. PURCHASE OF PERSONAL INFORMATION; PUBLIC INFORMATION. The name of a person that purchases personal information from a health and human services agency is public information subject to disclosure under Chapter 552. Sec. 531.934. RESALE PROHIBITED. (a) A person who purchases personal information from a health and human services agency may not resell the information. (b) A person who the executive commissioner finds has violated this section is prohibited from purchasing personal information from any health and human services agency until on or after the second anniversary of the violation. SECTION 2. This Act takes effect September 1, 2015.