SRC-LBB S.B. 1445 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1445
By: Averitt
Infrastructure Development and Security
6/10/2003
Enrolled

DIGEST AND PURPOSE 

The USA Patriot Act, which is intended to help fight terrorist funding,
requires financial institutions to have comprehensive customer
identification programs in place.  These programs include verifying the
identity of all customers.  There is commercially available equipment
which reads the magnetic stripe on a driver's license or a personal
identification certificate to determine whether it matches the information
on the front of the license or certificate.  S.B. 1445 facilitates
compliance with the USA Patriot Act and provides a penalty for compiling
or maintaining a database of the electronically readable information from
a driver's license, commercial driver's license, or personal
identification certificate. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Section 521.126, Transportation Code, as follows:

 (a)  Inserts  the word  "personal" before identification.

(b)  Provides that except as provided by Subsection (d), a person commits
an offense if the person accesses or uses the electronically readable
information derived from a driver's license, commercial driver's license,
or personal identification certificate or compiles or maintains a database
of electronically readable information from driver's licenses, commercial
driver's licenses, or personal identification certificates.  Deletes
language requiring the Texas Department of Transortation to take necessary
steps to ensure that the information is used for law enforcement or
government purposes.  

(c)  Provides that an offense under Subsection (b), rather than
unauthorized information, is a Class A misdemeanor. 

(d)  Creates a new proposed Subsection (d) providing that the prohibition
provided by Subsection (b) does not apply to certain individuals. 

(e)  Creates a new proposed Subsection (e) providing that the prohibition
provided by Subsection (b)(1) does not apply to a financial institution if
the information is accessed and used only for purposes of identification
of an individual.  Provides that the prohibition provided by Subsection
(b)(2) does not apply to a financial institution if each license or
certificate holder whose information is included in the compilation or
database consents to the inclusion of the person's information in the
compilation or database. Defines "financial institution." 

(f)  Creates a new proposed Subsection (f) prohibiting a person from using
information derived from electronically readable information from a
driver's license, commercial driver's license, or personal identification
certificate to engage in telephone solicitation to encourage the purchase
or rental of, or investment in, goods, other property, or services. 

SECTION 2.  Makes application of this Act prospective.
 
SECTION 3.  Effective date:  September 1, 2003.