By:  Corte, et al. (Senate Sponsor - Staples)                     H.B. No. 2337
	(In the Senate - Received from the House May 10, 2005; 
May 12, 2005, read first time and referred to Committee on 
Transportation and Homeland Security; May 19, 2005, reported 
favorably by the following vote:  Yeas 7, Nays 0, 1 present not 
voting; May 19, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the use of information provided by an applicant for a 
driver's license or personal identification certificate in an image 
verification system.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 502.1715, Transportation 
Code, is amended to read as follows:
	Sec. 502.1715.  ADDITIONAL FEE FOR CERTAIN DEPARTMENT 
PROGRAMS [MOTOR VEHICLE FINANCIAL RESPONSIBILITY VERIFICATION 
PROGRAM].
	SECTION 2.  Sections 502.1715(b) and (c), Transportation 
Code, are amended to read as follows:
	(b)  Before August 31, 2007 [2005], fees collected under this 
section shall be deposited to the credit of the state highway fund.  
The money shall be used by the Department of Public Safety to:
		(1)  support the Department of Public Safety's 
reengineering of the driver's license system to provide for the 
issuance by the Department of Public Safety of a driver's license or 
personal identification certificate, [not] to include use of image 
comparison technology [biometric information];
		(2)  establish and maintain a system to support the 
driver responsibility program under Chapter 708; and
		(3)  [conduct the feasibility study authorized by 
Section 601.450; and
		[(4)] make lease payments to the master lease purchase 
program for the financing of [:
			[(A)]  the driver's license reengineering project 
[; and
			[(B)  the liability insurance feasibility study].           
	(c)  On or after August 31, 2007 [2005], fees collected under 
this section shall be deposited to the credit of the state highway 
fund.  Subject to appropriation, the money may be used by the 
Department of Public Safety, the Texas Department of Insurance, and 
the department to carry out Subchapter N, Chapter 601.
	SECTION 3.  Section 521.001(a), Transportation Code, is 
amended by adding Subdivision (9) to read as follows:
		(9)  "Image comparison technology" means any 
technology that is used to compare facial images, thumbprints, or 
fingerprints.
	SECTION 4.  Subchapter C, Chapter 521, Transportation Code, 
is amended by adding Section 521.059 to read as follows:
	Sec. 521.059.  IMAGE VERIFICATION SYSTEM.  (a)  The 
department shall establish an image verification system based on 
the following identifiers collected by the department:
		(1)  an applicant's facial image; and                                  
		(2)  an applicant's thumbprints or fingerprints.                       
	(b)  The department shall authenticate the facial image and 
thumbprints or fingerprints provided by an applicant for a personal 
identification certificate, driver's license, or commercial 
driver's license or permit using image comparison technology to 
ensure that the applicant:
		(1)  is issued only one original license, permit, or 
certificate;    
		(2)  does not fraudulently obtain a duplicate license, 
permit, or certificate; and
		(3)  does not commit other fraud in connection with the 
application for a license, permit, or certificate.
	(c)  The department shall use the image verification system 
established under this section to aid other law enforcement 
agencies in:
		(1)  establishing the identity of a victim of a 
disaster or crime that a local law enforcement agency is unable to 
establish; or
		(2)  conducting an investigation of criminal conduct.                  
	SECTION 5.  Section 521.142(b), Transportation Code, is 
amended to read as follows:
	(b)  The application must include:                                             
		(1)  the thumbprints of the applicant or, if 
thumbprints cannot be taken, the index fingerprints of the 
applicant; [and]
		(2)  a photograph of the applicant;                                    
		(3)  the signature of the applicant; and                               
		(4)  a brief description of the applicant.                             
	SECTION 6.  Section 730.010, Transportation Code, is amended 
to read as follows:
	Sec. 730.010.  DISCLOSURE OF THUMB OR FINGER IMAGES 
PROHIBITED.  Notwithstanding any other provision of this chapter, 
if an agency obtains an image of an individual's thumb or finger in 
connection with the issuance of a license, permit, or certificate 
to the individual, the agency may:
		(1)  use the image only:                                               
			(A)  in connection with the issuance of the 
license, permit, or certificate; or
			(B)  to verify the identity of an individual as 
provided by Section 521.059; and
		(2)  disclose the image only if disclosure is expressly 
authorized by law.  
	SECTION 7.  The changes in law made by this Act apply only to 
a driver's license or permit, or personal identification 
certificate, or the renewal of a driver's license or permit, or 
certificate, applied for on or after the effective date of this Act.  
A driver's license or permit, or personal identification 
certificate, or the renewal of a driver's license or permit, or 
certificate, applied for before the effective date of this Act is 
covered by the law in effect on the date the application was made, 
and the former law is continued in effect for that purpose.
	SECTION 8.  This Act takes effect September 1, 2005.                           



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