Bill Text: TX HB346 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Deshotel (Senate Sponsor - Carona) | H.B. No. 346 | |
(In the Senate - Received from the House May 1, 2013; | ||
May 2, 2013, read first time and referred to Committee on Business | ||
and Commerce; May 15, 2013, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 15, 2013, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 346 | By: Carona |
|
||
|
||
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 Subsection (l) to | ||
read as follows: | ||
(b) Except as provided by Subsections (d), (e), (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) [ |
||
does not apply to a financial institution or a business that: | ||
(1) accesses or uses electronically readable | ||
information [ |
||
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; | ||
(2) accesses or uses electronically readable | ||
information as part of a transaction initiated by the license or | ||
certificate holder to provide information 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; | ||
(3) is 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 accesses or uses electronically | ||
readable information or compiles or maintains a database of that | ||
information for the purpose of effecting, administering, or | ||
enforcing the transaction; or | ||
(4) is [ |
||
|
||
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[ |
||
|
||
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 [ |
||
"financial institution" has the meaning assigned by 31 U.S.C. | ||
Section 5312(a)(2)[ |
||
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. | ||
* * * * * |