HB 4562
AN ACT relating to a prohibition on the transfer of certain personal data
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to a prohibition on the transfer of certain personal data
Subject Areas
Bill Text
relating to a prohibition on the transfer of certain personal data BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle A, Title 11, Business & Commerce Code, is amended by adding Chapter 511 to read as follows: CHAPTER 511. TELEPHONE NUMBERS AND SIMILAR CONTACT INFORMATION SUBCHAPTER A. GENERAL PROVISIONS Sec. 511.001. DEFINITIONS. In this chapter: (1) "Consent," when referring to an individual, means a clear affirmative act signifying an individual's freely given, specific, informed, and unambiguous agreement to the disclosure, release, sharing, dissemination, making available, or sale of the individual's personal data. The term includes a written statement, including a statement written by electronic means, or any other unambiguous affirmative action. (2) "Individual" means a natural person residing in Sec. 511.002. APPLICABILITY OF CHAPTER. This chapter (1) who resides in this state; or (A) does business in this state; (B) derives revenue from the disclosure, release, sharing, dissemination, making available, or sale of personal data, including phone numbers, of an individual; and (C) does not collect personal data directly from the individual to whom the data pertains. Sec. 511.003. PROHIBITION ON TRANSFER OF PHONE NUMBER. A person may not disclose, release, share, disseminate, make available, or sell to a third party the phone number of an individual without first obtaining the consent of that individual. Sec. 511.051. NOTICE OF VIOLATION; OPPORTUNITY TO CURE. (a) The attorney general has exclusive authority to enforce this (b) Before bringing an action under Section 511.052 or 511.053, the attorney general shall notify a person in writing at least 30 days before the date the attorney general brings the action. The notice must identify the specific provisions of this chapter that the attorney general alleges have been or are being (c) The attorney general may not bring an action under this subchapter against a person if: (1) within the 30-day period described by Subsection (b), the person cures the violation; and (2) the person provides the attorney general a written (A) the person cured the alleged violation; and (B) it is the person's intent that no further violations of this chapter will occur. (d) Written notice by the attorney general under Subsection (1) certified mail, return receipt requested; or (2) first-class mail with proof of delivery. Sec. 511.052. DECEPTIVE TRADE PRACTICE. A violation of this chapter following the cure period described by Section 511.051 is a deceptive trade practice in addition to the practices described by Subchapter E, Chapter 17, and is actionable under that Sec. 511.053. INJUNCTION. (a) The attorney general may bring an action in the name of the state following the cure period described by Section 511.051 to restrain or enjoin a person from (b) The attorney general may recover reasonable attorney's fees and other reasonable expenses incurred in investigating and bringing an action under this section. Sec. 511.054. NO PRIVATE RIGHT OF ACTION. This chapter may not be construed to create, provide a basis for, or be subject to a private right of action for a violation of this chapter or any other SECTION 2. The changes in law made by this Act apply only to conduct that occurs on or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to a prohibition on the transfer of certain personal data
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