77R15165 E
By West S.B. No. 293
Substitute the following for S.B. No. 293:
By Turner of Coleman C.S.S.B. No. 293
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to electronically readable information on a driver's
1-3 license, commercial driver's license, or personal identification
1-4 certificate; providing 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 an agency of this state
2-4 who accesses or uses the information for official purposes;
2-5 (2) a merchant who uses software approved by the
2-6 department to access or use the information to comply with state or
2-7 federal law:
2-8 (A) by electronically transcribing the number
2-9 assigned to a purchaser's driver's license, commercial driver's
2-10 license, or personal identification certificate or the purchaser's
2-11 date of birth onto a check in the course of a commercial
2-12 transaction;
2-13 (B) by computing a purchaser's age in the course
2-14 of selling an age-restricted product; or
2-15 (C) for check verification purposes; or
2-16 (3) a peace officer, as defined by Article 2.12, Code
2-17 of Criminal Procedure, acting in the officer's official capacity.
2-18 (f) It is an affirmative defense to prosecution under
2-19 Subsection (b) that the person accessing or using the information
2-20 or compiling or maintaining a database of the information is:
2-21 (1) a license deputy, as defined by Section 12.702,
2-22 Parks and Wildlife Code, issuing a license, stamp, tag, permit, or
2-23 other similar item through the use of a point-of-sale system under
2-24 Section 12.703 of that code; or
2-25 (2) an officer or employee of a financial institution:
2-26 (A) electronically transcribing the number
2-27 assigned to a person's driver's license, commercial driver's
3-1 license, or personal identification certificate, the person's date
3-2 of birth, and the expiration date of the person's license or
3-3 certificate in the course of a financial transaction to comply with
3-4 state or federal law; or
3-5 (B) electronically capturing and maintaining
3-6 information about a person conducting a financial transaction at or
3-7 with a financial institution that is required by federal or state
3-8 law to be captured and maintained by the financial institution.
3-9 (g) The Texas Alcoholic Beverage Commission by rule shall
3-10 establish a program to train commission employees to search for
3-11 databases compiled or maintained in violation of Subsection (b)(2)
3-12 and shall establish a schedule under which commission employees
3-13 will inspect each merchant who accesses or uses electronically
3-14 readable information on a driver's license, commercial driver's
3-15 license, or personal identification certificate, to determine
3-16 whether the merchant has committed a violation of Subsection (b).
3-17 Rules adopted under this subsection must require an inspection of a
3-18 merchant at least once every year.
3-19 (h) In this section:
3-20 (1) "Check verification" means a determination of
3-21 whether the issuer of a check or similar sight order:
3-22 (A) has sufficient funds in or on deposit with
3-23 the bank or other drawee for the payment in full of the check or
3-24 order as well as all other checks or orders then outstanding; or
3-25 (B) has a history of issuing checks or other
3-26 sight orders for which the issuer does not have sufficient funds in
3-27 or on deposit with the bank or other drawee for the payment in full
4-1 of the check or order as well as all other checks or orders then
4-2 outstanding.
4-3 (2) "Financial institution" means a bank, savings
4-4 association, savings bank, or credit union maintaining an office,
4-5 branch, or agency office in this state.
4-6 (3) "Merchant" means a person who:
4-7 (A) holds a sales tax permit or is a retailer
4-8 registered under Chapter 151, Tax Code;
4-9 (B) holds a retailer's permit under Chapter 154
4-10 or 155, Tax Code;
4-11 (C) is a permittee as defined by Section 1.04,
4-12 Alcoholic Beverage Code; or
4-13 (D) is an employee of a person described by
4-14 Paragraphs (A)-(C).
4-15 SECTION 2. This Act takes effect September 1, 2001, and
4-16 applies only to the access, use, or compilation or maintenance of a
4-17 database of electronically readable information included on a
4-18 driver's license or personal identification certificate on or after
4-19 that date. Access, use, or compilation or maintenance of a database
4-20 of electronically readable information included on a driver's
4-21 license or identification certificate before that date is governed
4-22 by the law in effect at the time the access, use, or compilation or
4-23 maintenance occurred, and the former law is continued in effect for
4-24 that purpose.