79R750 JRJ-D
By: Denny H.B. No. 178
A BILL TO BE ENTITLED
AN ACT
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:
(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; or
(5) an election officer who accesses or uses the
information to determine the identity of a voter as authorized by
Section 63.0102, Election Code.
SECTION 3. This Act takes effect September 1, 2005.