HB 5495

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
(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
(1)  in an amount not to exceed $5,000 for each
(2)  if a person repeatedly violates Section 541.056,
(B)  sufficient to deter future violations of that
section, as determined by the court.
SECTION 3.  This Act takes effect September 1, 2025.