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By:  Denny (Senate Sponsor - Averitt)                             H.B. No. 178
	(In the Senate - Received from the House April 13, 2005; 
April 14, 2005, read first time and referred to Committee on State 
Affairs; May 20, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 8, Nays 0; 
May 20, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 178                                    By:  Harris


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 a person who accesses, uses, compiles, or maintains a 
database of the information for a law enforcement or governmental 
purpose, including:
		(1)  an officer or employee of the department carrying 
out [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)  a person establishing the identity of a voter 
under Chapter 63, Election Code.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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