H.B. No. 178
relating to the use of electronically readable information from a
driver's license or personal identification card in an election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 63, Election Code, is amended by adding
Section 63.0102 to read as follows:
Sec. 63.0102. USE OF CERTAIN ELECTRONICALLY READABLE
INFORMATION. (a) An election officer may access electronically
readable information on a driver's license or personal
identification card for proof of identification when determining
whether a voter shall be accepted for voting.
(b) The secretary of state shall prescribe any necessary
procedures to implement this section.
SECTION 2. Section 521.126(d), Transportation Code, is
amended to read as follows:
(d) The prohibition provided by Subsection (b) does not
apply to a person who accesses, uses, compiles, or maintains a
database of the information for a law enforcement or governmental
(1) an officer or employee of the department carrying
who accesses or uses the information for] law enforcement or
(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; or
(5) a person establishing the identity of a voter
under Chapter 63, Election Code.
SECTION 3. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 178 was passed by the House on April
12, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 178 on May 27, 2005, by a non-record
Chief Clerk of the House
I certify that H.B. No. 178 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
Secretary of the Senate