87(R) SB 571 - Introduced version - Bill Text

	87R4650 JES-F
	By:  Zaffirini	S.B.  No.  571

	A BILL TO BE ENTITLED
	AN ACT
	relating to consent for the use or possession of personal
	identifying information under the Identity Theft Enforcement and
	Protection Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 521.051, Business & Commerce Code, is
	amended by amending Subsection (a) and adding Subsection (a-1) to
	read as follows:
	(a)    A person may not obtain, possess, transfer, or use
	personal identifying information of another person without the
	other person's consent or effective consent and with intent to
	obtain a good, a service, insurance, an extension of credit, or any
	other thing of value in the other person's name.
	(a-1)    For purposes of this section, "effective consent"
	includes consent given by a person legally authorized to act on
	behalf of the person from whom consent is required.  Consent is not
	effective if:
	(1)    induced by force, threat, fraud, or coercion; or
	(2)    given by a person who by reason of youth, mental
	illness, or intellectual disability is known by the actor to be
	unable to make reasonable decisions.
	SECTION  2.    Section 521.051, Business & Commerce Code, as
	amended by this Act, applies only to a violation that occurs on or
	after the effective date of this Act.  A violation occurs before the
	effective date of this Act if any element of the violation occurs
	before that date. A violation that occurs before the effective date
	of this Act is governed by the law in effect on the date the
	violation occurred, and the former law is continued in effect for
	that purpose.
	SECTION  3.    This Act takes effect September 1, 2021.