HB 3750

83(R) - 2013
Business, Industry, & Commerce

Vote Recommendation

  • Neutral
  • Positive
  • Neutral
  • Negative
  • Neutral


Jessica Farrar

Bill Caption

Relating to digital storage of copy machines.

Fiscal Notes

No significant fiscal implication to the State is anticipated. The Comptroller of Public Accounts, the Health and Human Services Commission, and the Texas Workforce Commission indicate no fiscal impact to the state. The Office of the Attorney General, the Secretary of State, and the Office of Court Administration anticipate any additional work resulting from the passage of the bill could be reasonably absorbed within current resources. No significant fiscal implication to units of local government is anticipated.

Bill Analysis

Summary: HB 3750 would require a business, non-profit, local government or government agency to delete information stored on a copy machine before the entity ended the lease of the machine. If the business, non-profit, local government or government agency did not delete the information, this legislation would require a fine for each violation of $10,000.

Updated Analysis: Due to an amendment that has been adopted which would reduce the penalty to $1000, limit the requirement to destroy records to those entities with personal identifying information or financial records on the machine, and require the comptroller to include notice of the law in its e-newsletter, we are revising our position to neutral. We continue to view this as an expansion of government that places new regulations on private business, however that regulation and the lower penalty created by the amendment are balanced by the protection of people's personal information (which can be viewed as personal property) that is stored on the machine. Due to the conflict between limited government and personal property rights, we are neutral on this legislation.