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.
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