Texas 2023 - 88th Regular

Texas Senate Bill SB2105

Filed
3/9/23  
Out of Senate Committee
4/28/23  
Voted on by Senate
5/3/23  
Out of House Committee
5/20/23  
Voted on by House
5/24/23  
Governor Action
6/18/23  

Caption

Relating to the registration of and certain other requirements relating to data brokers; providing a civil penalty and authorizing a fee.

Impact

The bill will specifically alter state laws surrounding data privacy and the operational standards for data brokers. By requiring registration and imposing penalties for non-compliance, SB2105 seeks to create a more accountable environment for data brokers. This shift is expected to enhance consumer confidence and safeguard personal information, ultimately fostering a more secure digital marketplace. Furthermore, the exemption for activities governed by federal law for certain financial institutions and credit reporting agencies reflects an attempt to strike a balance between federal and state regulations.

Summary

SB2105, which relates to the registration and regulation of data brokers, aims to enhance consumer protection by establishing clearer requirements for these entities. The bill stipulates that data brokers must register and comply with certain regulations, thereby ensuring greater transparency in their operations. This legislation is designed to address rising concerns about data privacy, particularly regarding how personal information is collected, used, and shared by data brokers, making it crucial in the digital age where personal data is increasingly vulnerable.

Sentiment

General sentiment surrounding SB2105 appears to be supportive, particularly among legislators and consumer advocacy groups who prioritize data privacy. The bill passed its votes overwhelmingly, indicating a significant consensus about the necessity of regulating data brokers. The discussions in committee suggest an appreciation for the clarifying nature of the legislation, which was seen as a cleanup effort to better define the responsibilities of data brokers and their impact on consumers.

Contention

While SB2105 has received broad support, notable contention may arise around its implications for data brokers and their businesses. Some stakeholders may view this legislation as an additional regulation that could impose burdens on their operations. Additionally, the exemption for federal law could lead to discussions on the extent of state regulatory power versus federal jurisdiction in the realm of data privacy. The nuances of compliance and the potential for civil penalties might also be areas where challenges or concerns could emerge from within the industry.

Companion Bills

TX HB4917

Identical Relating to the regulation of third-party data collection entities; providing a civil penalty and authorizing a fee.

Previously Filed As

TX SB2952

Relating to the regulation of hemp and nonconsumable hemp products; increasing a criminal penalty; increasing a civil penalty and providing other penalties; requiring an occupational license; imposing and authorizing certain fees.

TX SB2677

Relating to disclosures for certain commercial sales-based financing transactions and the registration of commercial sales-based financing brokers; authorizing a fee and providing a civil penalty.

TX SB1343

Relating to the notice requirements of a data broker registration statement and Internet website.

TX HB638

Data brokers; regulation, civil penalties.

TX HB3680

Relating to subdivision plat requirements in certain counties; authorizing a fee; authorizing a civil penalty; creating a criminal offense.

TX SB1036

Relating to the regulation of residential solar retail transactions; requiring an occupational registration; authorizing fees; providing civil and administrative penalties.

TX SSB3085

A bill for an act relating to private entity requirements concerning biometric data, and providing civil penalties.

TX HB5166

Relating to housing; providing property tax exemptions and relief relating to housing; providing a civil penalty; authorizing a fee.

TX SB2650

Relating to certain requirements for participation in the E-verify program; authorizing penalties.

TX S09088

Requires the registration of data brokers; imposes regulations upon data brokers; establishes a data deletion mechanism for consumers; imposes penalties upon data brokers for violations of the law.

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