Texas Privacy Law creates Texas Privacy Protection Advisory Council

Texas passed HB 4390 to create the Texas Privacy Protection Advisory Council and study online privacy laws in Texas, among other things. The bill was co-authored by a bipartisan group of four Texas state representatives and was signed into law by the Texas Governor earlier in June.

The new law establishes an advisory council to study data privacy laws in Texas, other states and around the world. The council is limited to residents of Texas and will be composed of fifteen appointees by the Governor, Lieutenant Governor and the Speaker of the House of Representatives. The council is tasked with making recommendations on specific statutory changes regarding privacy. The findings and recommendations are scheduled to be delivered to the legislature no later than September 1, 2020. Texas is expected to take up a comprehensive privacy law to protect state residents’ data privacy in 2021 following the release of the report.

HB 4390 also contains language to impose additional requirements following a data breach. The new requirements will call for business to make disclosures of a breach involving sensitive personal information without unreasonable delay and in no event later than 60 days after the determination that a breach happened.

Texas follows North Dakota, which also agreed to study data privacy issues in response to concerns expressed following the introduction of a privacy bill into the legislature. North Dakota is expected to have the results of its study and take up potential legislation during its 2021 session.