HBA-KDB H.B. 1922 77(R)    HBA-KDB H.B. 1922 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1922
By: McCall
State Affairs
3/7/2001
Introduced



BACKGROUND AND PURPOSE 

Recent advances in technology have produced new ways of collecting,
storing, and retrieving information with greater ease than before.
However, these advances may cause individuals to feel relatively helpless
in controlling how their personal information is being used by the
government.  House Bill 1992 provides that an individual has the right to
be informed about information collected about the individual by government
agencies, a right to notice about certain information laws and practices,
and a right to make a correction of incorrect information compiled  on the
individual.  The bill also establishes a task force to study and make
recommendations to the legislature on the state's privacy policies. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1922 amends the Government Code relating to state government
privacy policies.  The 

bill entitles an individual to be informed about information that a state
governmental body collects about the individual unless the state
governmental body is allowed by law to withhold the information from the
individual.  The bill requires each state governmental body that collects
information about an individual by means of a form that the individual
completes and files with the governmental body in a paper format or in an
electronic format on an Internet site to prominently state on the paper
form and prominently post on the Internet site in connection with the
electronic form, that: 

 _with few exceptions, the individual is entitled on request to be informed
about the information that the state governmental body collects about the
individual; 

 _the individual is entitled to receive and review the information; and

 _the individual is entitled to have the state governmental body correct
information about the individual that is incorrect. 

The bill requires each state governmental body that collects information
about an individual by means of an Internet site or that collects
information about the computer network location or identity of a user of
the Internet site to prominently post on the Internet site what information
is being collected through the site about the individual or the computer
network location or identity of a user of the site, including what
information is being collected by means that are not obvious.  The bill
requires each state governmental body to establish a reasonable procedure
under which an individual is entitled to have the state governmental body
correct information that is incorrect.  The bill prohibits the procedure
from unduly burdening an individual using the procedure.  The existing
public information provisions govern the changes that a state governmental
body is authorized to impose on an individual who requests information the
governmental body collects about the individual.  The bill prohibits the
governmental body from charging  an individual to correct information about
the individual.  

The bill provides that each state governmental body must be in compliance
with the bill before January 1, 2002. 

The bill requires the lieutenant governor and the speaker of the house of
representatives to establish a privacy task force to study issues related
to the information practices of state government that affect personal
privacy.  The bill sets forth provisions for the composition,
administration, duties, and abolition of the privacy task force.  The bill
requires the task force to report the results of its study and its
recommendations by September 1, 2002. 

EFFECTIVE DATE

September 1, 2001.