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


Senate Research Center   S.B. 1445
By: Averitt
Infrastructure Development and Security
4/3/2003
As Filed


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 the license to determine whether it
matches the information on the front of the license.  As proposed, 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 (e), a person commits
an offense if the person knowingly accesses or uses the electronically
readable information from a driver's license, commercial driver's license,
or personal identification certificate or  compiles or maintains a
database of the electronically readable information from a driver's
license, commercial driver's license, or personal identification
certificate.  Deletes language requiring TxDOT 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)(1) is a Class A
misdemeanor. 

 (d)  Provides that an offense under Subsection (b)(2) is a state jail
felony. 

(e)  Provides that the prohibition provided Subsection (b) does not apply
a financial institution, as defined by 31 USC Section 5312(a)(2), as
amended. 

(f)  Prohibits any person from using the information derived from the
electronically readable information on the driver's license in order to
engage in telephone solicitation for the purpose of encouraging the
purchase or rental of, or investment in, property, goods, or services. 

 SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 2003.