78R6000 DWS-D

By:  Pitts                                                        H.B. No. 2068



A BILL TO BE ENTITLED

AN ACT

relating to access by a financial institution to certain personal 
information maintained by a transportation agency; providing a 
criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle Z, Title 3, Finance Code, is amended by 
adding Chapter 278 to read as follows:

CHAPTER 278.  FINANCIAL INSTITUTION ACCESS TO PERSONAL INFORMATION
	Sec. 278.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Agency" has the meaning assigned by Section 
730.003, Transportation Code.
		(2)  "Financial institution" means a state or national 
bank, state or federal savings and loan association, state or 
federal savings bank, or state or federal credit union doing 
business in this state.
	Sec. 278.002.  USE OF CERTAIN ELECTRONICALLY AVAILABLE 
INFORMATION FROM TRANSPORTATION AGENCY RECORDS.  (a)  A financial 
institution, solely for the purpose of identifying an individual 
presenting a check for payment, may access:
		(1)  electronically readable information on a driver's 
license, commercial driver's license, or personal identification 
certificate issued to the individual by the Department of Public 
Safety; or
		(2)  an image of the individual's face, thumb, or finger 
maintained in electronic format by an agency.
	(b)  On request of a financial institution in relation to a 
specific individual, an agency shall provide to the financial 
institution an image of the individual's face, thumb, or finger, if 
the agency possesses the image.
	Sec. 278.003.  DISCLOSURE OF INFORMATION.  (a)  A financial 
institution or an officer or employee of a financial institution 
commits an offense if the financial institution, officer, or 
employee discloses information obtained under this section, other 
than to another officer or employee of the financial institution.
	(b)  An offense under this section is a Class A misdemeanor.            
	SECTION 2.  This Act takes effect September 1, 2003.