HB 5281

relating to a prohibition on the dissemination of certain personal
identifying information by a state agency to the federal
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  The heading to Chapter 2062, Government Code, is
CHAPTER 2062.  RESTRICTIONS ON STATE AGENCY USE AND DISSEMINATION
OF CERTAIN PERSONAL [INDIVIDUAL-IDENTIFYING] INFORMATION
SECTION 2.  Section 2062.001, Government Code, is amended by
amending Subdivision (2) and adding Subdivision (3) to read as
(2)  "Personal identifying information" has the
meaning assigned by Section 72.001, Business & Commerce Code.
(3)  "State agency" means a department, commission,
board, office, council, authority, or other agency in the
executive, legislative, or judicial branch of state government,
including a university system or institution of higher education as
defined by Section 61.003, Education Code, that is created by the
constitution or a statute of this state.
SECTION 3.  Chapter 2062, Government Code, is amended by
adding Section 2062.003 to read as follows:
Sec. 2062.003.  DISSEMINATION OF CERTAIN PERSONAL
IDENTIFYING INFORMATION PROHIBITED; EXCEPTIONS.  (a)  Except as
provided by Subsection (b), a state agency may not disseminate to
the federal government or a federal official any document or other
data that includes the personal identifying information of a person
that has not been redacted or otherwise anonymized.
(b)  A state agency may disseminate information described by
Subsection (a) with respect to a person if the dissemination is:
(1)  necessary to comply with or implement a federal or
(2)  authorized in writing by the person.
(c)  A state agency shall retain the written consent of a
person obtained under this section in the state agency's records.
SECTION 4.  Section 2062.003, Government Code, as added by
this Act, applies only to information disseminated or retained by a
state agency on or after the effective date of this Act.
SECTION 5.  This Act takes effect September 1, 2025.