BILL ANALYSIS

S.B. 89

                                                                                                                                          By: Averitt

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The 78th Legislature, Regular Session, adopted S.B. 1445, which specified the individuals who were permitted to access or use the electronically readable information contained on a driver's license.  Election officials were left off the list of individuals allowed to "swipe" a driver's license.  As proposed, S.B. 89 adds election officials to the list of individuals who may access the electronically readable information on a driver's license. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

ANALYSIS

SECTION 1.  Amends Section 521.126(d), Transportation Code, as follows:

(d)  Provides that the prohibition described in Subsection (b) (driver's license offenses) does not apply to a person who accesses, uses, complies, or maintains a database of the information for a law enforcement or governmental purpose, including an officer or employee of the Department of Public Safety carrying out, rather than an employee who accesses or uses the information for, law enforcement or government purposes or a person establishing the identity of a voter under Chapter 63 (Accepting Voter), Election Code.  Makes conforming changes.

SECTION 2.  Effective date:  upon passage or September 1, 2005. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2005.