SRC-MWN H.B. 3016 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3016
By: Haggerty (Shapiro)
State Affairs
5/2/2001
Engrossed


DIGEST AND PURPOSE 

A recent attorney general opinion interprets current Texas law to mean that
information obtained by accessing the magnetic strip on a Texas
identification card, commercial driver's license, or driver's license may
only be used by law enforcement officials. House Bill 3016 permits the use
of information accessed by using the magnetic strip on a identification
card, commercial driver's license, or driver's license by persons other
than law enforcement officials when used to prevent the purchase of
alcoholic beverages by minors and to comply with Texas Alcoholic Beverage
Commission record keeping rules regarding private club memberships.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 32.09, Alcoholic Beverage Code, by adding
Subsection (d), to provide that notwithstanding Section 521.126
(Electronically Readable Information), Transportation Code, the use of the
information on an identification certificate, commercial driver's license,
or driver's license in an electronically readable form is permissible when
accessed to comply with this code or rules promulgated by the commission.
Prohibits the information from being retained by any person after it is no
longer required to be kept by the commission.  Prohibits the information
from being marketed in any manner. 
 
SECTION 2. Amends Section 106.03, Alcoholic Beverage Code, by adding
Subsection (d),to provide that notwithstanding Section 521.126,
Transportation Code, the use of the information on an identification
certificate, commercial driver's license, or driver's license in an
electronically readable form is permissible when accessed to prevent the
offense in this section.  Prohibits the information from being retained by
any person after it is no longer needed to prevent this offense.  Makes a
conforming change. 

SECTION 3. Effective date: upon passage or September 1, 2001.