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89(R) HB 5081 - Enrolled version - Bill Text
H.B. No. 5081
AN ACT
relating to the protection of personal identifying information of
certain individuals in the judicial system; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle H, Title 2, Government
Code, is amended to read as follows:
SUBTITLE H. INFORMATION RESOURCES
AND SECURITY
SECTION 2. Subtitle H, Title 2, Government Code, is amended
by adding Chapter 92 to read as follows:
CHAPTER 92.
PROTECTION OF PERSONAL IDENTIFYING INFORMATION OF
AT-RISK INDIVIDUALS
Sec. 92.001. DEFINITIONS. In this chapter:
(1) "At-risk individual" means:
(A) a judge, as defined by Section 33.001;
(B) a court clerk; and
(C)
an employee of a state court, a court clerk,
the office, or another agency in the judicial branch of state
government.
(2) "Court clerk" means the clerk of a state court.
(3) "Covered information":
(A) means:
(i)
a home address, including primary and
secondary residences;
(ii)
a home or personal telephone number,
including a mobile telephone number, used exclusively for purposes
other than a business or commercial purpose;
(iii) an e-mail address;
(iv)
a social security number or driver's
license number;
(v)
bank account, credit card, or debit
card information;
(vi)
a license plate number or other unique
identifier of a vehicle owned, leased, or regularly used;
(vii)
the identity of a child younger than
18 years of age;
(viii) a person's date of birth;
(ix)
information regarding current or
future school or day care attendance, including the name or address
of the school or day care, schedules of attendance, or routes taken
to or from the school or day care;
(x)
employment information, including the
name or address of the employer, employment schedules, or routes
taken to or from the employer's location; and
(xi)
photographs or videos that reveal
information listed in Subparagraphs (i)-(x); and
(B) does not include:
(i)
information regarding employment with a
state agency; or
(ii)
the display of a property address on a
real estate or mapping Internet website, provided the address is
not displayed in connection with ownership, occupancy, or other
personal identifying information.
(4)
"Data broker" has the meaning assigned by Section
509.001, Business & Commerce Code, as added by Chapter 963
(S.B.
2105), Acts of the 88th Legislature, Regular Session, 2023.
The term does not include a commercial entity that:
(A) is engaged in the business of:
(i)
reporting, news-gathering, speaking,
or engaging in other activities intended to inform the public on
matters of public interest or public concern;
(ii)
providing 411 directory assistance or
directory information services, including name, address, and
telephone number, on behalf of or as a function of a
telecommunications carrier;
(iii)
using personal information
internally, by providing access to businesses under common
ownership or affiliated by corporate control, or selling or
providing data for a transaction or service requested by or
concerning the individual whose personal information is being
transferred;
(iv)
providing publicly available
information using real-time or near real-time alert services for
health or safety purposes; or
(v)
collecting and selling or licensing
covered information incidental to conducting the activities
described by this subdivision; or
(B) is engaged in business as:
(i)
a consumer reporting agency subject to
Chapter 20, Business & Commerce Code, and the Fair Credit Reporting
Act (15 U.S.C. Section 1681 et seq.);
(ii)
a financial institution subject to the
Gramm-Leach-Bliley Act (Pub. L. No. 106-102) and regulations
implementing that Act; or
(iii)
a covered entity for purposes of the
privacy regulations promulgated under Section 264(c), Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
Section 1320d-2 note).
(5)
"Immediate family member" means an individual
related to another individual within the first degree by
consanguinity or affinity, as described by Subchapter B, Chapter
573.
The term includes a foster child, ward, legal dependent, or
individual residing in the same household.
(6)
"Office" means the Office of Court Administration
of the Texas Judicial System.
(7)
"Person"
has the meaning assigned by Section 1.07,
Penal Code.
(8)
"State agency" means a public entity in the
executive, judicial, or legislative branch of state government.
(9) "State court" means:
(A)
the supreme court or the court of criminal
appeals;
(B)
an appellate court, district court, or
division of the business court;
(C)
a county court, constitutional county court,
statutory county court, or statutory probate court;
(D) a justice court; or
(E) a municipal court.
Sec.
92.002.
PROHIBITED DISSEMINATION OF COVERED
INFORMATION. (a)
Except as provided by Subsection (b), a person
may not knowingly sell, license, trade for consideration, transfer,
purchase, or otherwise disseminate covered information of an
at-risk individual or an immediate family member of the individual
if the individual, or the office, acting on the individual's
behalf, submits to the person a written request for the person not
to sell, license, trade for consideration, transfer, purchase, or
otherwise disseminate the information.
(b) Subsection (a) does not apply to:
(1)
the dissemination of personal information as part
of a news story, commentary, editorial, or other speech on a matter
of public concern to which the information is relevant;
(2)
personal information voluntarily published by the
at-risk individual or family member of the individual to whom the
information refers;
(3)
the dissemination of personal information at the
request of the individual or family member or as necessary to
effectuate a request of the individual or family member;
(4)
a business's internal use of the personal
information of the individual or family member, including
dissemination of the information to a business under common
ownership or affiliated by corporate control, or for a transaction
or service requested by or concerning the individual or family
member;
(5)
a business providing publicly available
information through real-time or near real-time alert services for
health or safety purposes;
(6)
a business engaged in the collection, maintenance,
disclosure, sale, communication, or use of personal information
relating to a consumer's credit worthiness, credit standing, credit
capacity, character, general reputation, personal characteristics,
or mode of living for use in a consumer credit report, or by a user
of a consumer credit report to the extent the collection,
maintenance, disclosure, sale, communication, or use is regulated
by and authorized under the Fair Credit Reporting Act (15 U.S.C.
Section 1681 et seq.);
(7)
a consumer reporting agency subject to the Fair
Credit Reporting Act (15 U.S.C. Section 1681 et seq.);
(8)
a business using personal information collected,
processed, sold, or disclosed in compliance with the Driver's
Privacy Protection Act of 1994 (18 U.S.C. Section 2721 et seq.);
(9) a business using personal information to:
(A)
prevent, detect, protect against, or respond
to security incidents, identity theft, fraud, harassment,
malicious or deceptive acts, or any other illegal activity;
(B)
preserve the integrity or security of
computer systems; or
(C)
investigate, report, or prosecute a person
for engaging in conduct described by Paragraph (A);
(10)
a financial institution, affiliate of a financial
institution, or data subject to Title V, Gramm-Leach-Bliley Act (15
U.S.C. Section 6801 et seq.);
(11)
a covered entity or business associate for
purposes of the privacy regulations promulgated under the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
Section 1320d et seq.);
(12) an insurance or insurance support organization;
(13)
a law enforcement agency, law enforcement support
organization, or vendor that provides data support services to a
law enforcement agency;
(14)
the provision of information by 411 directory
assistance or a directory information service, including the
provision of a name, address, or telephone number, by or on behalf
of a telecommunications carrier;
(15) personal information contained in:
(A) real property records;
(B)
uniform commercial code filings and tax
liens; or
(C)
any other records maintained by a
governmental entity evidencing title to, or any lien, judgment, or
other encumbrance on, real or personal property; or
(16)
the collection and sale or licensing of covered
information incidental to conducting activities described in this
subsection.
Sec.
92.003.
PROHIBITED DISPLAY OF COVERED INFORMATION.
(a)
Except as provided by Subsection (b), a person, including a
data broker, may not publicly post or display on a publicly
accessible Internet website covered information of an at-risk
individual or an immediate family member of the individual if the
at-risk individual, or the office, acting on the individual's
behalf, submits a written request to that person not to disclose or
acquire the covered information subject to the request.
(b) Subsection (a) does not apply to:
(1)
covered information of an at-risk individual or an
immediate family member of the individual displayed on a publicly
accessible Internet website as part of a news story, commentary,
editorial, or other speech on a matter of public concern to which
the information is relevant;
(2)
covered information voluntarily posted on the
Internet by the individual or immediate family member to whom the
information refers; or
(3)
covered information disseminated by a
governmental entity or an employee or agent of a governmental
entity.
Sec.
92.004.
DUTY TO REMOVE COVERED INFORMATION. After
receiving a written request under Section 92.002 or 92.003, a
person, including a data broker, shall:
(1)
not later than the 10th business day after the date
the request is received:
(A)
remove from the Internet website the covered
information identified in the request;
(B)
ensure the information is not made available
on any other publicly accessible Internet website or subsidiary
website the person controls; and
(C)
identify any other instances of the
information that should be removed; and
(2)
assist the requestor in locating the covered
information posted on any publicly accessible Internet website or
subsidiary website controlled by the person.
Sec.
92.005.
OFFICE PROCEDURES. The judicial security
division of the office shall develop a process by which a judge can
file a written request with the director of the office to notify a
person, including a data broker, on the judge's behalf, of a written
request submitted by the judge to remove covered information posted
or displayed by the person on a publicly accessible Internet
website.
Sec.
92.006.
TRANSFER. (a)
Except as provided by
Subsection (b) and Section 92.002(b), after receiving a written
request under Section 92.003, a person, including a data broker,
may not transfer the covered information to any other person
through any medium.
(b) Subsection (a) does not apply to:
(1)
the transfer of the covered information as part of
a news story, commentary, editorial, or other speech on a matter of
public concern to which the information is relevant;
(2)
covered information voluntarily posted on the
Internet by the at-risk individual or the immediate family member
of the individual to whom the information refers; or
(3) a transfer of the covered information:
(A)
at the request of the individual or family
member; or
(B)
as necessary to produce a request to the
person from the individual or family member.
Sec.
92.007.
CIVIL REMEDIES. (a)
If the covered
information of an at-risk individual or an immediate family member
of the individual is made public as a result of a violation of this
chapter, the at-risk individual may bring an action in a court
seeking injunctive or declaratory relief.
(b)
If the plaintiff prevails in an action brought under
Subsection (a), the court, in addition to issuing an order for
injunctive or declaratory relief, may:
(1)
impose a fine of $500 for each day the covered
information remains public after the date on which the order for
injunctive or declaratory relief is issued; and
(2)
if the defendant is not a state agency, award to
the at-risk individual, or the individual's immediate family,
exemplary damages, court costs, and reasonable attorney's fees.
Sec.
92.008.
CRIMINAL OFFENSES. (a)
A person commits an
offense if:
(1)
the person intentionally posts covered
information of an at-risk individual or an immediate family member
of the individual on a publicly accessible Internet website without
first obtaining the consent of the individual or family member to
whom the information refers;
(2)
the information is posted with intent to cause or
threaten to cause harm to or harassment of an at-risk individual or
the individual's immediate family member; and
(3)
under the circumstances, harm to or harassment of
the at-risk individual or immediate family member is a probable
consequence of the posting of the information.
(b)
A person other than a data broker commits an offense if
the person does not remove from a publicly accessible Internet
website controlled by the person covered information identified in
a written request submitted under Section 92.003 within 10 business
days of receiving the request.
(c)
An offense under this section is a Class B misdemeanor,
except the offense is a Class A misdemeanor if the offense results
in the bodily injury of:
(1)
the at-risk individual whose covered information
was posted on the Internet website; or
(2) an immediate family member of the individual.
SECTION 3. (a) Chapter 92, Government Code, as added by
this Act, applies only to covered information posted on a publicly
accessible Internet website on or after the effective date of this
Act.
(b) Sections 92.003 and 92.004, Government Code, as added by
this Act, apply to covered information available on a publicly
accessible Internet website on or after the effective date of this
Act, regardless of the date on which the information was originally
posted.
(c) The Office of Court Administration of the Texas Judicial
System is required to implement Section 92.005, Government Code, as
added by this Act, only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the office may,
but is not required to, implement Section 92.005 using other
appropriations available for that purpose.
(d) The Office of Court Administration of the Texas Judicial
System may develop or procure a statewide technology system to
automate the process described in Section 92.005, Government Code,
as added by this Act.
(e) Section 92.008, Government Code, as added by this Act,
applies only to an offense committed on or after the effective date
of this Act. For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before that date.
SECTION 4. It is the intent of the 89th Legislature, Regular
Session, 2025, that the amendments made by this Act to Section
92.001(4), Government Code, be harmonized with another Act of the
89th Legislature, Regular Session, 2025, relating to
nonsubstantive additions to and corrections in enacted codes.
SECTION 5. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 5081 was passed by the House on May
14, 2025, by the following vote: Yeas 140, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 5081 on May 28, 2025, by the following vote: Yeas 114, Nays 22,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5081 was passed by the Senate, with
amendments, on May 26, 2025, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor