79R1794 JRJ-D
By: Corte H.B. No. 1009
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a port authority, a navigation
district, or certain other persons to use electronically readable
information derived from a driver's license, commercial driver's
license, or personal identification certificate for port security
purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.126, Transportation Code, is amended
by amending Subsection (b) and adding Subsections (g) and (h) to
read as follows:
(b) Except as provided by Subsections [Subsection] (d),
(e), and (g), 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.
(g) If authorized by the executive or administrative head of
a maritime facility as defined in the Maritime Transportation
Security Act of 2002 (46 U.S.C. Section 70101 et seq.), or of a
port, port authority, or navigation district created or operating
under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, a person may access, use, compile, or maintain in a
database electronically readable information derived from a
driver's license, commercial driver's license, or personal
identification certificate to secure the facility or port. The
information may be used only to:
(1) identify an individual;
(2) provide official credentials for an individual;
(3) track or limit the movement of an individual on
facility property;
(4) establish a secure database of visitors to the
facility;
(5) access the information at terminal and gate
operations of the facility; or
(6) conduct other security or operational activities
as determined by the executive or administrative head.
(h) Except as provided by Section 418.183, Government Code,
the electronically readable information derived from a driver's
license, commercial driver's license, or personal identification
certificate for the purposes of Subsection (g) is confidential and
not subject to disclosure, inspection, or copying under Chapter
552, Government Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.