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A JOINT RESOLUTION
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proposing a constitutional amendment limiting the authority of the |
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state to collect, receive, or store certain consumer information. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article XVI, Texas Constitution, is amended by |
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adding Section 74 to read as follows: |
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Sec. 74. (a) In this section, "consumer-related |
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information" means information that relates to a sale or purchase |
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made or obligation incurred by an individual for personal, family, |
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or household purposes and that documents an individual's: |
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(1) personal or family income; |
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(2) outstanding debts; |
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(3) purchasing history; or |
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(4) creditworthiness. |
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(b) This state or an agency of this state may collect, |
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receive, or store, regardless of the method or source, |
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consumer-related information specific to an individual only if the |
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individual provides written authorization for the collection, |
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receipt, and storage of the information. |
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(c) For purposes of Subsection (b) of this section, |
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consumer-related information is specific to an individual if the |
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information is collected or received from the individual at the |
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same time as or stored with information that identifies the |
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individual by name, address, social security number, driver's |
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license or personal identification card number, or unique number |
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assigned to the individual by the person or entity collecting, |
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receiving, or storing the information. |
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(d) Information collected, received, or stored in violation |
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of this section may not be used or stored by this state or an agency |
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of this state for any purpose. |
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(e) This section does not apply to the collection of |
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information for a purpose relating to an investigation of a |
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violation of law or the enforcement of a law. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2013. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment providing that the |
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state must receive permission from an individual to collect, |
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receive, or store consumer-related information specific to the |
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individual in connection with a purchase or loan for personal, |
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family, or household purposes." |