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.