Bill Text: TX HB346 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the accessing and use of electronically readable personal identification information obtained from driver's licenses or personal identification certificates.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective immediately [HB346 Detail]
Download: Texas-2013-HB346-Enrolled.html
H.B. No. 346 |
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relating to the accessing and use of electronically readable | ||
personal identification information obtained from driver's | ||
licenses or personal identification certificates. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 521.126, Transportation Code, is amended | ||
by amending Subsections (b) and (e) and adding Subsections (e-1) | ||
and (l) to read as follows: | ||
(b) Except as provided by Subsections (d), (e), (e-1), (g), | ||
(i), and (j), and Section 501.101, Business & Commerce Code, a | ||
person commits an offense if the person: | ||
(1) accesses or uses electronically readable | ||
information derived from a driver's license, commercial driver's | ||
license, or personal identification certificate; or | ||
(2) compiles or maintains a database of electronically | ||
readable information derived from driver's licenses, commercial | ||
driver's licenses, or personal identification certificates. | ||
(e) The prohibition provided by Subsection (b)(1) does not | ||
apply to a financial institution or a business that: | ||
(1) accesses or uses electronically readable | ||
information [ |
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purposes of identification verification of an individual or check | ||
verification at the point of sale for a purchase of a good or | ||
service by check; or | ||
(2) accesses or uses as electronically readable | ||
information a driver's license number or a name printed on a | ||
driver's license as part of a transaction initiated by the license | ||
or certificate holder to provide information encrypted in a manner: | ||
(A) consistent with PCI DSS Standard 3.4 to a | ||
check services company or fraud prevention services company | ||
governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et | ||
seq.) for the purpose of effecting, administering, or enforcing the | ||
transaction; and | ||
(B) that does not involve the sale, transfer, or | ||
other dissemination of a name or driver's license number to a third | ||
party for any purpose, including any marketing, advertising, or | ||
promotional activities. | ||
(e-1) The prohibition provided by Subsection (b) does not | ||
apply to: | ||
(1) a check services company or a fraud prevention | ||
services company governed by the Fair Credit Reporting Act (15 | ||
U.S.C. Section 1681 et seq.) that, for the purpose of preventing | ||
fraud when effecting, administering, or enforcing the transaction: | ||
(A) accesses or uses as electronically readable | ||
information a driver's license number or a name printed on a | ||
driver's license; or | ||
(B) compiles or maintains a database of | ||
electronically readable driver's license numbers or names printed | ||
on driver's licenses and periodically removes the numbers or names | ||
from the database that are at least four years old; or | ||
(2) [ |
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maintains a database of electronically readable information, if | ||
each license or certificate holder whose information is included in | ||
the compilation or database consents to the inclusion of the | ||
person's information in the compilation or database[ |
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license or certificate holder, that explains in at least 14-point | ||
bold type the information that will be included in the compilation | ||
or database. | ||
(l) For the purposes of this section [ |
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"financial institution" has the meaning assigned by 31 U.S.C. | ||
Section 5312(a)(2)[ |
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SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 346 was passed by the House on April | ||
30, 2013, by the following vote: Yeas 141, Nays 2, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 346 on May 23, 2013, by the following vote: Yeas 143, Nays 3, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 346 was passed by the Senate, with | ||
amendments, on May 21, 2013, by the following vote: Yeas 24, Nays | ||
7. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |