Bill Text: TX HB3492 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of certain county and district clerks to obtain and retain information that identifies a person filing a document or requesting services.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective immediately [HB3492 Detail]
Download: Texas-2017-HB3492-Comm_Sub.html
Bill Title: Relating to the authority of certain county and district clerks to obtain and retain information that identifies a person filing a document or requesting services.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective immediately [HB3492 Detail]
Download: Texas-2017-HB3492-Comm_Sub.html
By: Elkins (Senate Sponsor - Bettencourt) | H.B. No. 3492 | |
(In the Senate - Received from the House May 5, 2017; | ||
May 10, 2017, read first time and referred to Committee on State | ||
Affairs; May 15, 2017, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 15, 2017, sent to printer.) | ||
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relating to the authority of certain county and district clerks to | ||
obtain and retain information that identifies a person filing a | ||
document or requesting services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 191, Local Government Code, is amended | ||
by adding Section 191.011 to read as follows: | ||
Sec. 191.011. AUTHORITY OF CLERKS TO OBTAIN AND RETAIN | ||
IDENTIFYING INFORMATION IN CERTAIN COUNTIES. (a) In this section: | ||
(1) "Biometric information" means a retina or iris | ||
scan, digital or electronic fingerprint scan, voiceprint, or record | ||
of hand or face geometry. | ||
(2) "Electronic storage" has the meaning assigned by | ||
Section 205.001. | ||
(3) "Ex officio service" has the meaning assigned by | ||
Section 118.023. | ||
(4) "Identifying information" means information in | ||
any form, other than biometric information, that may be used to | ||
identify an individual. The term includes information derived | ||
from: | ||
(A) a driver's license, personal identification | ||
card, or other document, regardless of the intended use of the | ||
document; | ||
(B) a photograph; | ||
(C) a recording of the individual's image or | ||
voice, including a video or audio recording; or | ||
(D) any other physical or electronic source. | ||
(5) "Public service" means a service related to an | ||
official governmental power, duty, program, or activity. The term | ||
does not include an incidental service provided only as a courtesy | ||
to a member of the public. | ||
(b) A county clerk or district clerk in a county with a | ||
population of 3.3 million or more may copy or record identifying | ||
information, including a document on which the information is | ||
viewable, regarding an individual who: | ||
(1) presents a document or other instrument for filing | ||
or recording to the county clerk or district clerk; or | ||
(2) requests or obtains an ex officio service or other | ||
public service provided by the county clerk or district clerk. | ||
(c) A county clerk or district clerk may maintain | ||
identifying information copied or recorded under this section in an | ||
electronic storage format. | ||
(d) Except as otherwise required or authorized by law, a | ||
county clerk or district clerk may not: | ||
(1) refuse to file or record a document or other | ||
instrument or refuse to provide a public service on the ground that | ||
an individual described by Subsection (b) does not have or refuses | ||
to provide identifying information; or | ||
(2) charge a fee to copy or record identifying | ||
information. | ||
(e) Identifying information copied or recorded under this | ||
section is confidential except for use in a criminal investigation | ||
or prosecution or a related civil court proceeding. | ||
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, 2017. | ||
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