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.