Bill Text: TX SB281 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to limitations on the use of a biometric identifier by a governmental body.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-01-30 - Referred to Business & Commerce [SB281 Detail]
Download: Texas-2017-SB281-Introduced.html
| 85R1110 YDB-D | ||
| By: Taylor of Collin | S.B. No. 281 | |
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| relating to limitations on the use of a biometric identifier by a | ||
| governmental body. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 560.001(1), Government Code, is amended | ||
| to read as follows: | ||
| (1) "Biometric identifier" means any measurement of | ||
| the human body or its movement that is used to attempt to uniquely | ||
| identify or authenticate the identity of a person, including a | ||
| blood sample, hair sample, skin sample, DNA sample, body scan, | ||
| retina or iris scan, fingerprint, voiceprint, or record of hand or | ||
| face geometry. | ||
| SECTION 2. Chapter 560, Government Code, is amended by | ||
| adding Section 560.0015 to read as follows: | ||
| Sec. 560.0015. STATUTORY AUTHORITY REQUIRED. (a) A | ||
| governmental body may not capture or possess a biometric identifier | ||
| of an individual or require a biometric identifier as a | ||
| prerequisite for providing a governmental service to the individual | ||
| unless the governmental body has: | ||
| (1) specific, explicit statutory authority that: | ||
| (A) allows the governmental body to: | ||
| (i) capture or possess the individual's | ||
| biometric identifier; or | ||
| (ii) require a biometric identifier as a | ||
| prerequisite for providing a governmental service to the | ||
| individual; or | ||
| (B) allows the governmental body to require and | ||
| obtain the written consent of the individual or the individual's | ||
| legal guardian before: | ||
| (i) capturing or possessing the | ||
| individual's biometric identifier; or | ||
| (ii) requiring a biometric identifier as a | ||
| prerequisite for providing a governmental service to the | ||
| individual; or | ||
| (2) the voluntary, written consent of the individual | ||
| or the individual's legal guardian. | ||
| (b) For purposes of Subsection (a), Subchapter B, Chapter | ||
| 33, Health and Safety Code, is specific, explicit statutory | ||
| authority under Subsection (a)(1)(A)(i) to capture or possess an | ||
| individual's biometric identifier in the conduct of newborn | ||
| screening as provided by that subchapter. | ||
| SECTION 3. Section 560.0015, Government Code, as added by | ||
| this Act, applies only to a biometric identifier captured or | ||
| requested on or after the effective date of this Act. A biometric | ||
| identifier captured or requested before that date is governed by | ||
| the law in effect immediately before the effective date of this Act, | ||
| and that law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
