1-1 By: McCall (Senate Sponsor - Duncan) H.B. No. 678 1-2 (In the Senate - Received from the House April 19, 2001; 1-3 April 20, 2001, read first time and referred to Committee on State 1-4 Affairs; May 9, 2001, reported favorably, as amended, by the 1-5 following vote: Yeas 8, Nays 0; May 9, 2001, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Carona 1-7 Amend H.B. 678, Section 35.50 (c)(1)(B), Business and 1-8 Commerce Code, Page 1 line 32, between "requested" and "by", 1-9 inserting "or authorized". 1-10 A BILL TO BE ENTITLED 1-11 AN ACT 1-12 relating to collection and use of biometric identifiers; providing 1-13 a civil penalty. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Subchapter D, Chapter 35, Business & Commerce 1-16 Code, is amended by adding Section 35.50 to read as follows: 1-17 Sec. 35.50. BIOMETRIC IDENTIFIER. (a) In this section, 1-18 "biometric identifier" means a retina or iris scan, fingerprint, 1-19 voiceprint, or record of hand or face geometry. 1-20 (b) A person may not capture a biometric identifier of an 1-21 individual for a commercial purpose unless the person: 1-22 (1) informs the individual before capturing the 1-23 biometric identifier; and 1-24 (2) receives the individual's consent to capture the 1-25 biometric identifier. 1-26 (c) A person who possesses a biometric identifier of an 1-27 individual: 1-28 (1) may not sell, lease, or otherwise disclose the 1-29 biometric identifier to another person unless: 1-30 (A) the individual consents to the disclosure; 1-31 (B) the disclosure completes a financial 1-32 transaction requested by the individual; 1-33 (C) the disclosure is required or permitted by a 1-34 federal statute or by a state statute other than Chapter 552, 1-35 Government Code; or 1-36 (D) the disclosure is made by or to a law 1-37 enforcement agency for a law enforcement purpose; and 1-38 (2) shall store, transmit, and protect from disclosure 1-39 the biometric identifier using reasonable care and in a manner that 1-40 is the same as or more protective than the manner in which the 1-41 person stores, transmits, and protects the person's other 1-42 confidential information. 1-43 (d) A person who violates this section is subject to a civil 1-44 penalty of not more than $25,000 for each violation. The attorney 1-45 general may institute an action to recover the civil penalty. 1-46 SECTION 2. Subtitle A, Title 5, Government Code, is amended 1-47 by adding Chapter 559 to read as follows: 1-48 CHAPTER 559. BIOMETRIC IDENTIFIER 1-49 Sec. 559.001. DEFINITIONS. In this chapter: 1-50 (1) "Biometric identifier" means a retina or iris 1-51 scan, fingerprint, voiceprint, or record of hand or face geometry. 1-52 (2) "Governmental body" has the meaning assigned by 1-53 Section 552.003, except that the term includes each entity within 1-54 or created by the judicial branch of state government. 1-55 Sec. 559.002. DISCLOSURE OF BIOMETRIC IDENTIFIER. A 1-56 governmental body that possesses a biometric identifier of an 1-57 individual: 1-58 (1) may not sell, lease, or otherwise disclose the 1-59 biometric identifier to another person unless: 1-60 (A) the individual consents to the disclosure; 1-61 (B) the disclosure is required or permitted by a 1-62 federal statute or by a state statute other than Chapter 552; or 1-63 (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, transmit, and protect from disclosure 2-3 the biometric identifier using reasonable care and in a manner that 2-4 is the same as or more protective than the manner in which the 2-5 governmental body stores, transmits, and protects its other 2-6 confidential information. 2-7 Sec. 559.003. APPLICATION OF CHAPTER 552. A biometric 2-8 identifier in the possession of a governmental body is exempt from 2-9 disclosure under Chapter 552. 2-10 SECTION 3. This Act takes effect September 1, 2001. 2-11 * * * * *