your speed and braking become sensitive data

The text as introduced · 246 words

89R13505 SCR-D

By: Garcia Hernandez
H.B. No. 4636

A BILL TO BE ENTITLED

AN ACT

relating to the collection and disclosure of a consumer's driving

and precise geolocation data.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 541.001, Business & Commerce Code, is

amended by adding Subdivision (27-a) and amending Subdivision (29)

to read as follows:

(27-a) "Real-time driving data" means information

collected in real time relating to a consumer's behavior while

driving an automobile, including acceleration, braking, location,

speed, and start and stop time of an automobile trip.

(29) "Sensitive data" means a category of personal

data. The term includes:

(A) personal data revealing racial or ethnic

origin, religious beliefs, mental or physical health diagnosis,

sexuality, or citizenship or immigration status;

(B) genetic or biometric data that is processed

for the purpose of uniquely identifying an individual;

(C) personal data collected from a known child;

[ or ]

(D) precise geolocation data ; or

(E) real-time driving data .

SECTION 2. Section 541.102, Business & Commerce Code, is

amended by adding Subsection (d) to read as follows:

(d) If a controller engages in the sale of personal data

that is precise geolocation data, the controller shall include the

following notice:

"NOTICE: We may sell your precise geolocation data." The

notice must be posted in the same location and in the same manner as

the privacy notice described by Subsection (a).

SECTION 3. This Act takes effect September 1, 2025.