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HB3803

Regular Session

Relating to the confidentiality and disclosure of certain financial information of perpetual care cemeteries and perpetual care trust funds.

Low
Low Cost
Effective:2025-06-20
Enforcing Agencies

Texas Department of Banking

HB3803
Relating to the confidentiality and disclosure of certain financial information of perpetual care cemeteries and perpetual care trust funds.
Low Urgency
Unanimous Passage
House Vote135 - 0
YEA
100% in favor135 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
Texas Department of Banking
Primary Author: Rep. Stan Lambert
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (The bill took immediate effect upon signature).
  • Compliance Deadline: Immediate. You must apply these confidentiality protocols to any data currently being prepared for or held by the DOB.
  • Agency Rulemaking: The DOB is not explicitly required to promulgate new rules, but we anticipate the Department may issue an industry notice regarding the specific labeling of confidential submissions. Until then, rely on the statute text.

Immediate Action Plan

  • 1. Update PIA Templates: Revise your standard response letters for public information requests to include a denial template based on Texas Health and Safety Code § 712.010.
  • 2. Mark Pending Submissions: If you are currently undergoing an examination or have a pending submission, apply confidentiality stamps to those documents immediately.
  • 3. Notify Trustees: Send a formal memorandum to your trust fund managers informing them of the change in law and their obligation to maintain confidentiality regarding DOB inquiries.
  • 4. Audit Past Disclosures: Ensure that any historical examination reports currently in your files are moved to a secure, limited-access location to prevent accidental release.

Operational Changes Required

Contracts

  • Trust Agreements: Review agreements with financial institutions managing perpetual care funds. Insert a clause acknowledging that all data shared with the DOB is confidential under Texas Health and Safety Code § 712.010.
  • Vendor NDAs: Update Non-Disclosure Agreements with third-party accountants and compliance consultants. They must understand that examination data is now legally privileged and cannot be released under Public Information Act (PIA) requests.

Hiring/Training

  • PIA Officer Training: Your designated Public Information Officer must be retrained immediately. They must deny any public or media requests for DOB financial examination reports, citing the new statutory exemption.
  • Staff Protocols: Instruct finance staff to treat DOB correspondence as "Restricted/Confidential" rather than general business records.

Reporting & Record-Keeping

  • Document Stamping: Immediately begin watermarking or stamping all financial documents submitted to the DOB with: "CONFIDENTIAL PER § 712.010." This creates an unambiguous record of your intent.
  • File Segregation: Physically or digitally separate "Published Annual Statements" (public) from "DOB Examination Data" (confidential). Commingling these files increases the risk of inadvertent disclosure during a records request.

Fees & Costs

  • No Impact: There are no new fees or levies associated with this legislation.

Strategic Ambiguities & Considerations

  • The "Interagency" Loophole: Section 712.010(c) grants the Banking Commissioner discretion to share your confidential data with other state or federal agencies (e.g., IRS, FBI, Attorney General) without your consent if deemed in the "public interest." Do not assume confidentiality applies to inter-governmental investigations.
  • "Indirectly Obtained" Data: The statute protects data obtained "directly or indirectly." It is currently unclear if this protection extends to financial data you submit to a master trustee that is subsequently handed over to the DOB. Until clarified by the DOB, treat these data flows as confidential but recognize the legal gray area.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 5, 2025
Passed House
Apr 30, 2025
Passed Senate
May 25, 2025
Signed
Jun 20, 2025
TopicsCemeteriesProtection of Personal InformationBanking, Texas Department of
03

House Authors

Rep. Stan LambertRepublican · Primary Author

Senate Sponsor

Sen. Judith ZaffiriniDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Stan Lambert

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB3803

Q

What does Texas HB3803 do?

HB3803 immediately classifies financial information submitted to the Texas Department of Banking (DOB) by perpetual care cemeteries as confidential, shielding it from standard public records requests. This legislation provides a statutory defense against competitor data mining and public scrutiny of regulatory examination findings, but it requires you to actively assert this privilege in your document management protocols. Implementation Timeline Effective Date: June 20, 2025 (The bill took immediate effect upon signature).

Q

Who authored HB3803?

HB3803 was authored by Texas Representative Stan Lambert during the Regular Session.

Q

When was HB3803 signed into law?

HB3803 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB3803?

HB3803 is enforced by Texas Department of Banking.

Q

How urgent is compliance with HB3803?

The compliance urgency for HB3803 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB3803?

The cost impact of HB3803 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB3803 address?

HB3803 addresses topics including cemeteries, protection of personal information and banking, texas department of.

Legislative data provided by LegiScanLast updated: November 25, 2025

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