By McCall H.B. No. 678
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to collection and use of biometric identifiers; providing
1-3 a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 35, Business & Commerce
1-6 Code, is amended by adding Section 35.50 to read as follows:
1-7 Sec. 35.50. BIOMETRIC IDENTIFIER. (a) In this section,
1-8 "biometric identifier" means a retina or iris scan, fingerprint,
1-9 voiceprint, or record of hand or face geometry.
1-10 (b) A person may not capture a biometric identifier of an
1-11 individual for a commercial purpose unless the person:
1-12 (1) informs the individual before capturing the
1-13 biometric identifier; and
1-14 (2) receives the individual's consent to capture the
1-15 biometric identifier.
1-16 (c) A person who possesses a biometric identifier of an
1-17 individual:
1-18 (1) may not sell, lease, or otherwise disclose the
1-19 biometric identifier to another person unless:
1-20 (A) the individual consents to the disclosure;
1-21 (B) the disclosure completes a financial
1-22 transaction requested by the individual;
1-23 (C) the disclosure is required or permitted by a
1-24 federal statute or by a state statute other than Chapter 552,
2-1 Government Code; or
2-2 (D) the disclosure is made by or to a law
2-3 enforcement agency for a law enforcement purpose; and
2-4 (2) shall store, transmit, and protect from disclosure
2-5 the biometric identifier using reasonable care and in a manner that
2-6 is the same as or more protective than the manner in which the
2-7 person stores, transmits, and protects the person's other
2-8 confidential information.
2-9 (d) A person who violates this section is subject to a civil
2-10 penalty of not more than $25,000 for each violation. The attorney
2-11 general may institute an action to recover the civil penalty.
2-12 SECTION 2. Subtitle A, Title 5, Government Code, is amended
2-13 by adding Chapter 559 to read as follows:
2-14 CHAPTER 559. BIOMETRIC IDENTIFIER
2-15 Sec. 559.001. DEFINITIONS. In this chapter:
2-16 (1) "Biometric identifier" means a retina or iris
2-17 scan, fingerprint, voiceprint, or record of hand or face geometry.
2-18 (2) "Governmental body" has the meaning assigned by
2-19 Section 552.003, except that the term includes each entity within
2-20 or created by the judicial branch of state government.
2-21 Sec. 559.002. DISCLOSURE OF BIOMETRIC IDENTIFIER. A
2-22 governmental body that possesses a biometric identifier of an
2-23 individual:
2-24 (1) may not sell, lease, or otherwise disclose the
2-25 biometric identifier to another person unless:
2-26 (A) the individual consents to the disclosure;
2-27 (B) the disclosure is required or permitted by a
3-1 federal statute or by a state statute other than Chapter 552; or
3-2 (C) the disclosure is made by or to a law
3-3 enforcement agency for a law enforcement purpose; and
3-4 (2) shall store, transmit, and protect from disclosure
3-5 the biometric identifier using reasonable care and in a manner that
3-6 is the same as or more protective than the manner in which the
3-7 governmental body stores, transmits, and protects its other
3-8 confidential information.
3-9 Sec. 559.003. APPLICATION OF CHAPTER 552. A biometric
3-10 identifier in the possession of a governmental body is exempt from
3-11 disclosure under Chapter 552.
3-12 SECTION 3. This Act takes effect September 1, 2001.