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.