S.B. No. 1445
AN ACT
relating to electronically readable information on a driver's
license, commercial driver's license, or personal identification
certificate; providing a penalty.
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 (d), a person commits
an offense if the person:
(1) accesses or uses electronically readable
information derived from a driver's license, commercial driver's
license, or personal identification certificate; or
(2) compiles or maintains a database of electronically
readable information derived from driver's licenses, commercial
driver's licenses, or personal identification certificates [The
department shall take necessary steps to ensure that the
information is used only for law enforcement or governmental
purposes].
(c) An offense under Subsection (b) [Unauthorized use of the
information] is a Class A misdemeanor.
(d) The prohibition provided by Subsection (b) does not
apply to:
(1) an officer or employee of the department who
accesses or uses the information for law enforcement or government
purposes;
(2) a peace officer, as defined by Article 2.12, Code
of Criminal Procedure, acting in the officer's official capacity;
(3) a license deputy, as defined by Section 12.702,
Parks and Wildlife Code, issuing a license, stamp, tag, permit, or
other similar item through use of a point-of-sale system under
Section 12.703, Parks and Wildlife Code; or
(4) a person acting as authorized by Section 109.61,
Alcoholic Beverage Code.
(e) 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. 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. Consent under this subsection must be on a separate
document, signed by the license or certificate holder, that
explains in at least 14-point bold type the information that will be
included in the compilation or database. For the purposes of this
subsection, "financial institution" has the meaning assigned by 31
U.S.C. Section 5312(a)(2), as amended.
(f) A person may not use 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. (a) 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1445 passed the Senate on
April 25, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1445 passed the House on
May 24, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor