HB5081 - Relating to the protection of personal identifying information of certain individuals in the judicial system; creating a criminal offense.

      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   Privac [Text truncated for display. Full text available on Congress.gov.]