New Texas Law Punishes Surveillance of Public Sector

A bill passed without the governor’s signature will strengthen penalties for vendors and contractors conducting surveillance of public servants.

Filed on May 29, House Bill 5061 forbids vendors contracted with state agencies from engaging in the unauthorized social media monitoring, investigating, electronic tracking or data mining of state legislators or agency employees.

The collection of publicly available information, or information that can be obtained by the public via subscription service, is not considered surveillance.

Additionally, vendors are prohibited from using private or confidential information to coerce or influence state contracting.

Entities found in violation of HB 5061 are liable to face immediate termination of any state contracts, penalties up to $2 million and prohibition from responding to or being awarded state contracts for 10 to 15 years, depending on if the violation involved the misuse of confidential information.

Subsequent violations will result in a permanent ban from participating in state contracts.

The State Auditor’s Office (SAO) and the Texas Rangers Division of the Department of Public Safety will be tasked with investigating relevant complaints. The SAO will establish a confidential hotline and an online portal for individuals to report violations.