Bill Text: TX HB3750 | 2013-2014 | 83rd Legislature | Engrossed

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Bill Title: Relating to the destruction of the records of businesses, state and local governments, and nonprofit entities stored on copy machines; providing a civil penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-05-10 - Referred to Business & Commerce [HB3750 Detail]

Download: Texas-2013-HB3750-Engrossed.html

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By: Farrar H.B. No. 3750

A BILL TO BE ENTITLED
AN ACT
relating to the destruction of the records of businesses, state and
local governments, and nonprofit entities stored on copy machines;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 72, Business & Commerce
Code, is amended by adding Section 72.005 to read as follows:
Sec. 72.005. DESTRUCTION OF BUSINESS RECORDS OR NONPROFIT
ENTITY RECORDS STORED ON COPY MACHINES REQUIRED. (a)
Notwithstanding Section 72.002 or any other law relating to the
retention of records, a business or a nonprofit entity shall
destroy, or arrange for the destruction of, all business records or
records of the nonprofit entity stored on a copy machine before the
business or nonprofit entity disposes of or otherwise terminates
its ownership of the machine.
(b) Notwithstanding Section 72.002 or any other law
relating to the retention of records, a business engaged in the
business of leasing copy machines to other persons shall destroy,
or arrange for the destruction of, all business records or records
of a nonprofit entity stored on a copy machine before the business
removes the copy machine from the premises of the other business or
nonprofit entity on or after termination of the lease.
(c) A business or nonprofit entity that violates Subsection
(a) or (b) is liable to this state for a civil penalty in an amount
not to exceed $1,000 for each violation. The attorney general or a
county or district attorney may bring an action to recover the civil
penalty imposed under this subsection.
(d) This section applies only if personal identifying
information or financial information is stored on the copy machine.
(e) The comptroller at least annually shall include
notification of the requirements of this section in the
comptroller's tax policy e-newsletter.
(f) In this section, "records," with respect to a nonprofit
entity, means any material recorded or preserved by any means.
SECTION 2. Chapter 202, Local Government Code, is amended
by adding Section 202.010 to read as follows:
Sec. 202.010. DESTRUCTION OF RECORDS STORED ON COPY
MACHINES REQUIRED. (a) A local government shall destroy, or
arrange for the destruction of, all local government records stored
on a copy machine before the local government terminates its
ownership, lease, or use of the machine.
(b) A local government that violates Subsection (a) is
liable to this state for a civil penalty in an amount not to exceed
$1,000 for each violation. The attorney general or a county or
district attorney may bring an action to recover the civil penalty
imposed under this subsection.
(c) This section applies only if personal identifying
information or financial information is stored on the copy machine.
SECTION 3. Section 441.187, Government Code, is amended by
adding Subsections (a-1) and (f) to read as follows:
(a-1) Notwithstanding Subsections (a), (b), (c), and (d), a
state agency shall destroy, or arrange for the destruction of, all
state records stored on a copy machine before the agency terminates
its ownership, lease, or use of the machine. This subsection
applies only if personal identifying information or financial
information is stored on the copy machine.
(f) A state agency that violates Subsection (a-1) is liable
to this state for a civil penalty in an amount not to exceed $1,000
for each violation. The attorney general or a county or district
attorney may bring an action to recover the civil penalty imposed
under this subsection.
SECTION 4. This Act takes effect September 1, 2013.