77R10025 JAT-D
By West H.B. No. 1031
Substitute the following for H.B. No. 1031:
By Turner of Coleman C.S.H.B. No. 1031
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to electronically readable information on a driver's
1-3 license or personal identification certificate; providing
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 521.126, Transportation Code, is amended
1-7 to read as follows:
1-8 Sec. 521.126. ELECTRONICALLY READABLE INFORMATION. (a) The
1-9 department may not include any information on a driver's license,
1-10 commercial driver's license, or personal identification certificate
1-11 in an electronically readable form other than the information
1-12 printed on the license and a physical description of the licensee.
1-13 (b) A person commits an offense if the person knowingly:
1-14 (1) accesses or uses the electronically readable
1-15 information; or
1-16 (2) compiles or maintains a database of the
1-17 electronically readable information. [The department shall take
1-18 necessary steps to ensure that the information is used only for law
1-19 enforcement or governmental purposes.]
1-20 (c) An offense under Subsection (b)(1) [Unauthorized use of
1-21 the information] is a Class A misdemeanor.
1-22 (d) An offense under Subsection (b)(2) is a state jail
1-23 felony.
1-24 (e) It is an affirmative defense to prosecution under
2-1 Subsection (b)(1) that the person accessing or using the
2-2 information is:
2-3 (1) an officer or employee of the department who
2-4 accesses or uses the information for official purposes;
2-5 (2) a merchant who accesses or uses the information:
2-6 (A) to electronically transcribe the number
2-7 assigned to a purchaser's driver's license, commercial driver's
2-8 license, or personal identification certificate or the purchaser's
2-9 date of birth onto a check in the course of a commercial
2-10 transaction;
2-11 (B) to compute a purchaser's age in the course
2-12 of selling an age-restricted product; or
2-13 (C) for check verification purposes;
2-14 (3) a peace officer, as defined by Article 2.12, Code
2-15 of Criminal Procedure, acting in the officer's official capacity;
2-16 or
2-17 (4) a license deputy, as defined by Section 12.702,
2-18 Parks and Wildlife Code, issuing a license, stamp, tag, permit, or
2-19 other similar item through the use of a point-of-sale system under
2-20 Section 12.703 of that code.
2-21 (f) In this section:
2-22 (1) "check verification" means a determination of
2-23 whether the issuer of a check or similar sight order:
2-24 (A) has sufficient funds in or on deposit with
2-25 the bank or other drawee for the payment in full of the check or
2-26 order as well as all other checks or orders then outstanding; or
2-27 (B) has a history of issuing checks or other
3-1 sight orders for which the issuer does not have sufficient funds in
3-2 or on deposit with the bank or other drawee for the payment in full
3-3 of the check or order as well as all other checks or orders then
3-4 outstanding; and
3-5 (2) "merchant" means a person who:
3-6 (A) holds a sales tax permit or is a retailer
3-7 registered under Chapter 151, Tax Code;
3-8 (B) holds a retailer's permit under Chapter 154
3-9 or 155, Tax Code;
3-10 (C) is a permittee as defined by Section 1.04,
3-11 Alcoholic Beverage Code; or
3-12 (D) is an employee of a person described by
3-13 Paragraphs (A)-(C).
3-14 SECTION 2. This Act takes effect September 1, 2001, and
3-15 applies only to the access, use, or compilation or maintenance of a
3-16 database of electronically readable information included on a
3-17 driver's license or personal identification certificate on or after
3-18 that date. Access, use, or compilation or maintenance of a database
3-19 of electronically readable information included on a driver's
3-20 license or identification certificate before that date is governed
3-21 by the law in effect at the time the access, use, or compilation or
3-22 maintenance occurred, and the former law is continued in effect for
3-23 that purpose.