Relating to the protection of personal identifying information of certain individuals in the judicial system; creating a criminal offense, the official text

H.B. No. 5081

AN ACT

relating to the protection of personal identifying information of

certain individuals in the judicial system; creating a criminal

offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subtitle H, Title 2, Government

Code, is amended to read as follows:

SUBTITLE H. INFORMATION RESOURCES AND SECURITY

SECTION 2. Subtitle H, Title 2, Government Code, is amended

by adding Chapter 92 to read as follows:

CHAPTER 92. PROTECTION OF PERSONAL IDENTIFYING INFORMATION OF

AT-RISK INDIVIDUALS

Sec. 92.001. DEFINITIONS. In this chapter:

(1) "At-risk individual" means:

(A) a judge, as defined by Section 33.001;

(B) a court clerk; and

(C) an employee of a state court, a court clerk,

the office, or another agency in the judicial branch of state

government.

(2) "Court clerk" means the clerk of a state court.

(3) "Covered information":

(A) means:

(i) a home address, including primary and

secondary residences;

(ii) a home or personal telephone number,

including a mobile telephone number, used exclusively for purposes

other than a business or commercial purpose;

(iii) an e-mail address;

(iv) a social security number or driver's

license number;

(v) bank account, credit card, or debit

card information;

(vi) a license plate number or other unique

identifier of a vehicle owned, leased, or regularly used;

(vii) the identity of a child younger than

18 years of age;

(viii) a person's date of birth;

(ix) information regarding current or

future school or day care attendance, including the name or address

of the school or day care, schedules of attendance, or routes taken

to or from the school or day care;

(x) employment information, including the

name or address of the employer, employment schedules, or routes

taken to or from the employer's location; and

(xi) photographs or videos that reveal

information listed in Subparagraphs (i)-(x); and

(B) does not include:

(i) information regarding employment with a

state agency; or

(ii) the display of a property address on a

real estate or mapping Internet website, provided the address is

not displayed in connection with ownership, occupancy, or other

personal identifying information.

(4) "Data broker" has the meaning assigned by Section

509.001, Business & Commerce Code, as added by Chapter 963

(S.B. 2105), Acts of the 88th Legislature, Regular Session, 2023.

The term does not include a commercial entity that:

(A) is engaged in the business of:

(i) reporting, news-gathering, speaking,

or engaging in other activities intended to inform the public on

matters of public interest or public concern;

(ii) providing 411 directory assistance or

directory information services, including name, address, and

telephone number, on behalf of or as a function of a

telecommunications carrier;

(iii) using personal information

internally, by providing access to businesses under common

ownership or affiliated by corporate control, or selling or

providing data for a transaction or service requested by or

concerning the individual whose personal information is being

transferred;

(iv) providing publicly available

information using real-time or near real-time alert services for

health or safety purposes; or

(v) collecting and selling or licensing

covered information incidental to conducting the activities

described by this subdivision; or

(B) is engaged in business as:

(i) a consumer reporting agency subject to

Chapter 20, Business & Commerce Code, and the Fair Credit Reporting

Act (15 U.S.C. Section 1681 et seq.);

(ii) a financial institution subject to the

Gramm-Leach-Bliley Act (Pub. L. No. 106-102) and regulations

implementing that Act; or

(iii) a covered entity for purposes of the

privacy regulations promulgated under Section 264(c), Health

Insurance Portability and Accountability Act of 1996 (42 U.S.C.

Section 1320d-2 note).

(5) "Immediate family member" means an individual

related to another individual within the first degree by

consanguinity or affinity, as described by Subchapter B, Chapter

573. The term includes a foster child, ward, legal dependent, or

individual residing in the same household.

(6) "Office" means the Office of Court Administration

of the Texas Judicial System.

(7) "Person" has the meaning assigned by Section 1.07,

Penal Code.

(8) "State agency" means a public entity in the

executive, judicial, or legislative branch of state government.

(9) "State court" means:

(A) the supreme court or the court of criminal

appeals;

(B) an appellate court, district court, or

division of the business court;

(C) a county court, constitutional county court,

statutory county court, or statutory probate court;

(D) a justice court; or

(E) a municipal court.

Sec. 92.002. PROHIBITED DISSEMINATION OF COVERED

INFORMATION. (a) Except as provided by Subsection (b), a person

may not knowingly sell, license, trade for consideration, transfer,

purchase, or otherwise disseminate covered information of an

at-risk individual or an immediate family member of the individual

if the individual, or the office, acting on the individual's

behalf, submits to the person a written request for the person not

to sell, license, trade for consideration, transfer, purchase, or

otherwise disseminate the information.

(b) Subsection (a) does not apply to:

(1) the dissemination of personal information as part

of a news story, commentary, editorial, or other speech on a matter

of public concern to which the information is relevant;

(2) personal information voluntarily published by the

at-risk individual or family member of the individual to whom the

information refers;

(3) the dissemination of personal information at the

request of the individual or family member or as necessary to

effectuate a request of the individual or family member;

(4) a business's internal use of the personal

information of the individual or family member, including

dissemination of the information to a business under common

ownership or affiliated by corporate control, or for a transaction

or service requested by or concerning the individual or family

member;

(5) a business providing publicly available

information through real-time or near real-time alert services for

health or safety purposes;

(6) a business engaged in the collection, maintenance,

disclosure, sale, communication, or use of personal information

relating to a consumer's credit worthiness, credit standing, credit

capacity, character, general reputation, personal characteristics,

or mode of living for use in a consumer credit report, or by a user

of a consumer credit report to the extent the collection,

maintenance, disclosure, sale, communication, or use is regulated

by and authorized under the Fair Credit Reporting Act (15 U.S.C.

Section 1681 et seq.);

(7) a consumer reporting agency subject to the Fair

Credit Reporting Act (15 U.S.C. Section 1681 et seq.);

(8) a business using personal information collected,

processed, sold, or disclosed in compliance with the Driver's

Privacy Protection Act of 1994 (18 U.S.C. Section 2721 et seq.);

(9) a business using personal information to:

(A) prevent, detect, protect against, or respond

to security incidents, identity theft, fraud, harassment,

malicious or deceptive acts, or any other illegal activity;

(B) preserve the integrity or security of

computer systems; or

(C) investigate, report, or prosecute a person

for engaging in conduct described by Paragraph (A);

(10) a financial institution, affiliate of a financial

institution, or data subject to Title V, Gramm-Leach-Bliley Act (15

U.S.C. Section 6801 et seq.);

(11) a covered entity or business associate for

purposes of the privacy regulations promulgated under the Health

Insurance Portability and Accountability Act of 1996 (42 U.S.C.

Section 1320d et seq.);

(12) an insurance or insurance support organization;

(13) a law enforcement agency, law enforcement support

organization, or vendor that provides data support services to a

law enforcement agency;

(14) the provision of information by 411 directory

assistance or a directory information service, including the

provision of a name, address, or telephone number, by or on behalf

of a telecommunications carrier;

(15) personal information contained in:

(A) real property records;

(B) uniform commercial code filings and tax

liens; or

(C) any other records maintained by a

governmental entity evidencing title to, or any lien, judgment, or

other encumbrance on, real or personal property; or

(16) the collection and sale or licensing of covered

information incidental to conducting activities described in this

subsection.

Sec. 92.003. PROHIBITED DISPLAY OF COVERED INFORMATION.

(a) Except as provided by Subsection (b), a person, including a

data broker, may not publicly post or display on a publicly

accessible Internet website covered information of an at-risk

individual or an immediate family member of the individual if the

at-risk individual, or the office, acting on the individual's

behalf, submits a written request to that person not to disclose or

acquire the covered information subject to the request.

(b) Subsection (a) does not apply to:

(1) covered information of an at-risk individual or an

immediate family member of the individual displayed on a publicly

accessible Internet website as part of a news story, commentary,

editorial, or other speech on a matter of public concern to which

the information is relevant;

(2) covered information voluntarily posted on the

Internet by the individual or immediate family member to whom the

information refers; or

(3) covered information disseminated by a

governmental entity or an employee or agent of a governmental

entity.

Sec. 92.004. DUTY TO REMOVE COVERED INFORMATION. After

receiving a written request under Section 92.002 or 92.003, a

person, including a data broker, shall:

(1) not later than the 10th business day after the date

the request is received:

(A) remove from the Internet website the covered

information identified in the request;

(B) ensure the information is not made available

on any other publicly accessible Internet website or subsidiary

website the person controls; and

(C) identify any other instances of the

information that should be removed; and

(2) assist the requestor in locating the covered

information posted on any publicly accessible Internet website or

subsidiary website controlled by the person.

Sec. 92.005. OFFICE PROCEDURES. The judicial security

division of the office shall develop a process by which a judge can

file a written request with the director of the office to notify a

person, including a data broker, on the judge's behalf, of a written

request submitted by the judge to remove covered information posted

or displayed by the person on a publicly accessible Internet

website.

Sec. 92.006. TRANSFER. (a) Except as provided by

Subsection (b) and Section 92.002(b), after receiving a written

request under Section 92.003, a person, including a data broker,

may not transfer the covered information to any other person

through any medium.

(b) Subsection (a) does not apply to:

(1) the transfer of the covered information as part of

a news story, commentary, editorial, or other speech on a matter of

public concern to which the information is relevant;

(2) covered information voluntarily posted on the

Internet by the at-risk individual or the immediate family member

of the individual to whom the information refers; or

(3) a transfer of the covered information:

(A) at the request of the individual or family

member; or

(B) as necessary to produce a request to the

person from the individual or family member.

Sec. 92.007. CIVIL REMEDIES. (a) If the covered

information of an at-risk individual or an immediate family member

of the individual is made public as a result of a violation of this

chapter, the at-risk individual may bring an action in a court

seeking injunctive or declaratory relief.

(b) If the plaintiff prevails in an action brought under

Subsection (a), the court, in addition to issuing an order for

injunctive or declaratory relief, may:

(1) impose a fine of $500 for each day the covered

information remains public after the date on which the order for

injunctive or declaratory relief is issued; and

(2) if the defendant is not a state agency, award to

the at-risk individual, or the individual's immediate family,

exemplary damages, court costs, and reasonable attorney's fees.

Sec. 92.008. CRIMINAL OFFENSES. (a) A person commits an

offense if:

(1) the person intentionally posts covered

information of an at-risk individual or an immediate family member

of the individual on a publicly accessible Internet website without

first obtaining the consent of the individual or family member to

whom the information refers;

(2) the information is posted with intent to cause or

threaten to cause harm to or harassment of an at-risk individual or

the individual's immediate family member; and

(3) under the circumstances, harm to or harassment of

the at-risk individual or immediate family member is a probable

consequence of the posting of the information.

(b) A person other than a data broker commits an offense if

the person does not remove from a publicly accessible Internet

website controlled by the person covered information identified in

a written request submitted under Section 92.003 within 10 business

days of receiving the request.

(c) An offense under this section is a Class B misdemeanor,

except the offense is a Class A misdemeanor if the offense results

in the bodily injury of:

(1) the at-risk individual whose covered information

was posted on the Internet website; or

(2) an immediate family member of the individual.

SECTION 3. (a) Chapter 92, Government Code, as added by

this Act, applies only to covered information posted on a publicly

accessible Internet website on or after the effective date of this

Act.

(b) Sections 92.003 and 92.004, Government Code, as added by

this Act, apply to covered information available on a publicly

accessible Internet website on or after the effective date of this

Act, regardless of the date on which the information was originally

posted.

(c) The Office of Court Administration of the Texas Judicial

System is required to implement Section 92.005, Government Code, as

added by this Act, only if the legislature appropriates money

specifically for that purpose. If the legislature does not

appropriate money specifically for that purpose, the office may,

but is not required to, implement Section 92.005 using other

appropriations available for that purpose.

(d) The Office of Court Administration of the Texas Judicial

System may develop or procure a statewide technology system to

automate the process described in Section 92.005, Government Code,

as added by this Act.

(e) Section 92.008, Government Code, as added by this Act,

applies only to an offense committed on or after the effective date

of this Act. For purposes of this section, an offense is committed

before the effective date of this Act if any element of the offense

occurs before that date.

SECTION 4. It is the intent of the 89th Legislature, Regular

Session, 2025, that the amendments made by this Act to Section

92.001(4), Government Code, be harmonized with another Act of the

89th Legislature, Regular Session, 2025, relating to

nonsubstantive additions to and corrections in enacted codes.

SECTION 5. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 5081 was passed by the House on May

14, 2025, by the following vote: Yeas 140, Nays 0, 2 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 5081 on May 28, 2025, by the following vote: Yeas 114, Nays 22,

1 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 5081 was passed by the Senate, with

amendments, on May 26, 2025, by the following vote: Yeas 31, Nays

0.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor