88R14400 SHH-D
	By: Lalani	H.B. No. 4761

	A BILL TO BE ENTITLED
	AN ACT
	relating to the notification required following a breach of
	security of computerized data.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 521.053(b) and (i), Business & Commerce
	Code, are amended to read as follows:
	(b)  A person who conducts business in this state and owns or
	licenses computerized data that includes sensitive personal
	information shall disclose any breach of system security, after
	discovering or receiving notification of the breach, to any
	individual whose sensitive personal information was, or is
	reasonably believed to have been, acquired by an unauthorized
	person. The disclosure shall be made without unreasonable delay
	and in each case not later than the 30th [60th] day after the date on
	which the person determines that the breach occurred, except as
	provided by Subsection (d) or as necessary to determine the scope of
	the breach and restore the reasonable integrity of the data system.
	(i)  A person who is required to disclose or provide
	notification of a breach of system security under this section
	shall notify the attorney general of that breach not later than the
	30th [60th] day after the date on which the person determines that
	the breach occurred if the breach involves at least 250 residents of
	this state. The notification under this subsection must include:
	(1)  a detailed description of the nature and
	circumstances of the breach or the use of sensitive personal
	information acquired as a result of the breach;
	(2)  the number of residents of this state affected by
	the breach at the time of notification;
	(3)  the number of affected residents that have been
	sent a disclosure of the breach by mail or other direct method of
	communication at the time of notification;
	(4)  the measures taken by the person regarding the
	breach;
	(5)  any measures the person intends to take regarding
	the breach after the notification under this subsection; and
	(6)  information regarding whether law enforcement is
	engaged in investigating the breach.
	SECTION 2.  This Act takes effect September 1, 2023.

Statutes affected:
Introduced: Commerce Code 521.053 (Commerce Code 521)