June 26, 2019

June 26, 2019

Subscribe to Latest Legal News and Analysis

June 25, 2019

Subscribe to Latest Legal News and Analysis

June 24, 2019

Subscribe to Latest Legal News and Analysis

Sweeping Privacy Changes Stall in the Lone Star State

Per our earlier blog post, Texas was ambitious this legislative session when it proposed two consumer data privacy bills. Both bills made it through committee hearings, but only one made it to the governor’s desk for signature: HB 4390. However, even it arrived there very different than originally drafted.

HB 4390, dubbed the Texas Privacy Protection Act, started as a comprehensive consumer privacy bill, with parts similar to the European Union’s GDPR and California’s Consumer Protection Act. However, through multiple amendments and dilutions, what was left were essentially two things:

The general updates to the TITEPA include:

  • Requirement that affected individuals be notified within 60 days after the breach. This replaces the current language in the statute “as quickly as possible”; and

  • Requirement that the business experiencing the breach notify the state Attorney General if the breach affected at least 250 Texas residents.

These provisions will become effective January 1, 2020.

The Council will study other state and global data privacy laws in advance of the next legislative session and make recommendations. They will present their findings on or before September 1, 2020, and these recommendations will likely form the basis for consumer privacy legislation when the Texas Legislature reconvenes in January 2021.

Jackson Lewis P.C. © 2019

TRENDING LEGAL ANALYSIS


About this Author

Rachel Ehlers Data Privacy Cybersecurity Lawyer
Of Councel

Rachel E. Ehlers is Of Counsel in the Austin, Texas, office of Jackson Lewis P.C. She specializes in corporate governance and internal investigations, data privacy and cybersecurity, and workplace training. She has served in multiple in-house legal and compliance roles, in all sizes of companies—from startups to Fortune 500 companies.

Ms. Ehlers has extensive experience conducting internal investigations, as well as advising companies on government investigations involving harassment and discrimination, Code of Conduct violations, anti-bribery, including the...

512-362-7409