89th Legislature

HB 5129

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 5129 proposes significant changes to Chapter 2062 of the Texas Government Code concerning the handling of personally identifying information by state agencies. The bill seeks to bolster data privacy for individuals who submit such information when applying for occupational licenses.

The legislation amends the statutory definition of “personal identifying information” to include not only basic contact details but also sensitive data such as personal cell phone numbers, personal email addresses, emergency contact information, and information indicating whether the individual has family members. It further defines "state agency" broadly, encompassing departments, boards, commissions, and higher education institutions created by the Texas Constitution or statute.

A key provision of the bill prohibits any state agency from disseminating this personal information without the written consent of the individual, unless such disclosure is required or permitted by federal or state law or requested by a law enforcement agency for official purposes. State agencies must retain these written consents in their records. Importantly, the bill excludes occupational licenses administered by the Texas Comptroller from its scope.

The bill, known as the Right to Privacy Act, represents a targeted effort to strengthen individual data privacy protections without disrupting legitimate government or law enforcement operations.
Author
Candy Noble
Cecil Bell, Jr.
Giovanni Capriglione
Matthew Shaheen
Sponsor
Carol Alvarado
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 5129 is not expected to have a significant fiscal impact on the state. The bill's primary requirement—that state agencies obtain and retain written consent before disseminating certain personal identifying information—can be implemented using existing resources. As a result, no new appropriations or staffing increases are anticipated for compliance.

The analysis assumes that state agencies already maintain systems for managing personal information and records, and that any incremental workload associated with collecting and storing consent forms can be absorbed into current administrative frameworks. The fiscal note reflects input from a variety of state entities, including the Comptroller, Department of Licensing and Regulation, Texas Workforce Commission, and the Health and Human Services Commission, among others. None of these agencies reported concerns about substantial new costs arising from the bill.

For local governments, the bill is also projected to have no significant fiscal implications. Since the bill applies only to state agencies, local units of government are not directly affected by the consent and retention requirements, and thus are not expected to incur additional expenses.

Vote Recommendation Notes

HB 5129, known as the Right to Privacy Act, represents a measured and meaningful advancement in the protection of personal identifying information held by Texas state agencies. The bill directly addresses the existing legal gap that allows sensitive personal data, such as home addresses, email addresses, and emergency contacts, submitted during occupational licensing processes to be publicly disclosed through open records requests. By requiring written consent before any such dissemination, the bill enhances the privacy rights of Texans while preserving necessary exceptions for law enforcement and compliance with other legal obligations.

From a liberty principles standpoint, this legislation scores well across multiple categories. It reinforces individual liberty by empowering Texans to control the disclosure of their own information. It also limits government overreach by placing stricter boundaries on how agencies manage and share personal data. Furthermore, although not directly altering economic regulation, the bill supports free enterprise by promoting trust and participation in state licensing systems without fear of privacy breaches. This indirectly benefits both license holders and consumers.

Importantly, the fiscal analysis reveals that the bill can be implemented without significant cost to the state or local governments. Agencies are expected to absorb any administrative adjustments using existing resources, which aligns with the principle of fiscal responsibility and avoids expanding government bureaucracy unnecessarily.

In sum, HB 5129 offers substantive protections for Texans’ privacy in a manner that is both cost-effective and respectful of core liberty values. As such, Texas Policy Research recommends that lawmakers vote YES on HB 5129.

  • Individual Liberty: The bill strengthens individual liberty by giving Texans more control over their personal information. By requiring written consent before a state agency can share personal identifying data (such as home addresses, personal phone numbers, or emergency contacts), it recognizes a person’s right to privacy and autonomy in dealings with the state. This principle is foundational to a free society and is explicitly supported by all major Texas party platforms, particularly those emphasizing civil liberties and freedom from unwarranted government intrusion.
  • Personal Responsibility: While the bill does not impose new obligations on individuals, it reinforces the idea that citizens should not suffer unintended consequences, such as unwanted data exposure, for complying with professional or occupational licensing laws. By clarifying agency responsibilities and limiting what they can do with personal data, it creates a framework where state actors, not citizens, are held accountable for maintaining confidentiality. This respects individuals who responsibly engage with regulatory systems.
  • Free Enterprise: The bill supports a freer marketplace by building confidence in the occupational licensing process. Individuals and small business owners applying for licenses can now do so with greater assurance that their personal data will not be publicly disclosed. This reduction in exposure risk removes a disincentive for participation in regulated professions, thereby enhancing economic freedom and market participation.
  • Private Property Rights: Though not dealing with physical property, the bill acknowledges a form of "informational property"—an individual’s personal data. By requiring consent to share this information, the bill implicitly treats it as a kind of private property owned by the individual. This upholds the notion that individuals, not the state, control access to their own sensitive information.
  • Limited Government: The bill exemplifies the principle of limited government by narrowing the scope of what state agencies can do without explicit permission. It imposes clear boundaries around data dissemination while allowing reasonable exceptions for law enforcement and existing legal mandates. This promotes a government that serves rather than surveils its citizens.
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