HB5495 - Relating to authorizing the use of global privacy controls to protect a consumer's personal data; providing a civil penalty.

  89R16721 MPF-D     By: Bhojani H.B. No. 5495       A BILL TO BE ENTITLED   AN ACT   relating to authorizing the use of global privacy controls to   protect a consumer's personal data; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 541, Business & Commerce   Code, is amended by adding Section 541.056 to read as follows:           Sec. 541.056.  GLOBAL PRIVACY CONTROL. (a)  In this section:                 (1)     "Global privacy control" means a browser plug-in,   privacy setting, device setting, or other mechanism that   communicates or signals a consumer's decision not to have the   consumer's data sold, shared, or disclosed.                 (2)     "Plug-in" means a piece of software code that   enables a computer application or program to perform an activity   the application or program cannot do independently.           (b)     A controller collecting personal data from a consumer   online shall treat the consumer's use of a global privacy control as   a valid request submitted by the consumer not to sell, share, or   disclose the consumer's personal data.           (c)     A controller that operates an Internet web browser in   this state shall enable the browser to automatically recognize and   comply with a consumer's global privacy control choices.          SECTION 2.  Section 541.155, Business & Commerce Code, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)   Except as provided by Subsection (a-1), a  [ A ] person who   violates this chapter following the cure period described by   Section 541.154 or who breaches a written statement provided to the   attorney general under that section is liable for a civil penalty in   an amount not to exceed $7,500 for each violation.           (a-1)     A person who violates Section 541.056 following the   cure period described by Section   541.154 is liable for a civil   penalty:                 (1)     in an amount not to exceed $5,000 for each   violation; or                 (2)     if a person repeatedly violates Section 541.056,   in an amount that is:                       (A)  greater than $5,000; and                       (B)     sufficient to deter future violations of that   section, as determined by the court.          SECTION 3.  This Act takes effect September 1, 2025.