By:  Averitt                                                      S.B. No. 89 
	(In the Senate - Filed November 15, 2004; January 31, 2005, 
read first time and referred to Committee on Transportation and 
Homeland Security; March 2, 2005, reported favorably by the 
following vote:  Yeas 8, Nays 0; March 2, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to electronically readable information on a driver's 
license, commercial driver's license, or personal identification 
certificate.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (d), Section 521.126, 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 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.



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