H.B. No. 3529
  relating to consent for the use or possession of personal
  identifying information under the Identity Theft Enforcement and
  Protection Act.
         SECTION 1.  Section 521.051, Business & Commerce Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  A person may not obtain, possess, transfer, or use
  personal identifying information of another person without the
  other person's consent or effective consent and with intent to
  obtain a good, a service, insurance, an extension of credit, or any
  other thing of value in the other person's name.
         (a-1)  For purposes of this section, "effective consent"
  includes consent given by a person legally authorized to act on
  behalf of the person from whom consent is required.  Consent is not
  effective if:
               (1)  induced by force, threat, fraud, or coercion; or
               (2)  given by a person who by reason of youth, mental
  illness, or intellectual disability is known by the actor to be
  unable to make reasonable decisions.
         SECTION 2.  Section 521.051, Business & Commerce Code, as
  amended by this Act, applies only to a violation that occurs on or
  after the effective date of this Act.  A violation occurs before the
  effective date of this Act if any element of the violation occurs
  before that date. A violation that occurs before the effective date
  of this Act is governed by the law in effect on the date the
  violation occurred, and the former law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 3529 was passed by the House on April
  27, 2021, by the following vote:  Yeas 147, Nays 0, 1 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 3529 was passed by the Senate on May
  13, 2021, by the following vote:  Yeas 30, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________