By:  Solomons                                                     H.B. No. 2773



A BILL TO BE ENTITLED

AN ACT

relating to electronically readable information on a driver's 
license or personal identification certificate; providing 
penalties
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 521.126, Transportation Code, is amended 
to read as follows:
	Sec. 521.126.  ELECTRONICALLY READABLE INFORMATION.  (a)  
The department may not include any information on a driver's 
license, commercial driver's license, or personal identification 
certificate in an electronically readable form other than the 
information printed on the license and a physical description of 
the licensee.
	(b)  Except as provided by Subsection (e), a person commits 
an offense if the person knowingly:
		(1)  accesses or uses the electronically readable 
information from a driver's license, commercial driver's license, 
or personal identification certificate; or
		(2)  compiles or maintains a database of the 
electronically readable information from a driver's licenses, 
commercial driver's licenses, or personal identification 
certificates.  [The department shall take necessary steps to ensure 
that the information is used for law enforcement or government 
purposes.]
	(c)  An offense under Subsection (b)(1) [Unauthorized use of 
the information] is a Class A misdemeanor.
	(d)  An offense under Subsection (b)(2) is a state jail 
felony.       
	(e)  The prohibition provided Subsection (b) does not apply a 
financial institution, as defined by 31 USC section 5312(a)(2), as 
amended.
	(f)  In no event, shall any person use 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.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
For the purposes of this section, an offense is committed before the 
effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.