By McCall H.B. No. 678 77R3529 DWS-D 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 make a voiceprint of an individual 1-11 unless the person: 1-12 (1) informs the individual before making the 1-13 voiceprint that a voiceprint is being made; and 1-14 (2) receives the individual's consent to make the 1-15 voiceprint. 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 is required or permitted by a 1-22 federal statute or by a state statute other than Chapter 552, 1-23 Government Code; or 1-24 (C) the disclosure is made by or to a law 2-1 enforcement agency for a law enforcement purpose; and 2-2 (2) shall store and protect from disclosure the 2-3 biometric identifier in the same or a more protective manner than 2-4 the manner in which the person stores and protects the person's 2-5 other confidential information. 2-6 (d) A person who violates this section is subject to a civil 2-7 penalty of not more than $25,000 for each violation. The attorney 2-8 general may institute an action to recover the civil penalty. 2-9 SECTION 2. Subtitle A, Title 5, Government Code, is amended 2-10 by adding Chapter 559 to read as follows: 2-11 CHAPTER 559. BIOMETRIC IDENTIFIER 2-12 Sec. 559.001. DEFINITIONS. In this chapter: 2-13 (1) "Biometric identifier" means a retina or iris 2-14 scan, fingerprint, voiceprint, or record of hand or face geometry. 2-15 (2) "Governmental body" has the meaning assigned by 2-16 Section 552.003, except that the term includes each entity within 2-17 or created by the judicial branch of state government. 2-18 Sec. 559.002. MAKING OF VOICEPRINT. A governmental body may 2-19 not make a voiceprint of an individual unless the governmental 2-20 body: 2-21 (1) informs the individual before making the 2-22 voiceprint that a voiceprint is being made; and 2-23 (2) receives the individual's consent to make the 2-24 voiceprint. 2-25 Sec. 559.003. DISCLOSURE OF BIOMETRIC IDENTIFIER. A 2-26 governmental body that possesses a biometric identifier of an 2-27 individual: 3-1 (1) may not sell, lease, or otherwise disclose the 3-2 biometric identifier to another person unless: 3-3 (A) the individual consents to the disclosure; 3-4 (B) the disclosure is required or permitted by a 3-5 federal statute or by a state statute other than Chapter 552; or 3-6 (C) the disclosure is made by or to a law 3-7 enforcement agency for a law enforcement purpose; and 3-8 (2) shall store and protect from disclosure the 3-9 biometric identifier in the same or a more protective manner than 3-10 the manner in which the governmental body stores and protects its 3-11 other confidential information. 3-12 Sec. 559.004. APPLICATION OF CHAPTER 552. A biometric 3-13 identifier in the possession of a governmental body is exempt from 3-14 disclosure under Chapter 552. 3-15 SECTION 3. This Act takes effect September 1, 2001.