By: Whitmire S.B. No. 1465
A BILL TO BE ENTITLED
AN ACT
relating to the use of certain electronically readable information
on a driver's license or identification certificate to comply with
certain alcohol and tobacco related laws; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0825 to read as follows:
Sec. 161.0825. USE OF CERTAIN ELECTRONICALLY READABLE
INFORMATION. (a) In this section, "transaction scan device" means
a device capable of deciphering electronically readable
information on a driver's license, commercial driver's license, or
identification certificate.
(b) A person may access electronically readable information
on a driver's license, commercial driver's license, or
identification certificate for the purpose of complying with
Section 161.082.
(c) Information accessed under this section may not be sold
or otherwise disseminated to a third party for any purpose,
including any marketing, advertising, or promotional activities.
The information may be obtained by court order or on proper request
by the comptroller or a law enforcement officer or agency.
(d) A person who violates this section commits an offense.
An offense under this section is a Class A misdemeanor.
(e) It is an affirmative defense to prosecution under
Section 161.082 that:
(1) a transaction scan device identified a license or
certificate as valid and the defendant accessed the information and
relied on the results in good faith; or
(2) if the defendant is the owner of a store in which
cigarettes or tobacco products are sold at retail, the offense
under Section 161.082 occurs in connection with a sale by an
employee of the owner, and the owner had provided the employee with:
(A) a transaction scan device in working
condition; and
(B) adequate training in the use of the
transaction scan device.
SECTION 2. Subsection (d), Section 521.126, 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) a person acting as authorized by Section 161.0825,
Health and Safety Code.
SECTION 3. Section 106.03, Alcoholic Beverage Code, is
amended by adding Subsection (d) to read as follows:
(d) Subsection (b) does not apply to a person who accesses
electronically readable information under Section 190.61 that
identifies a driver's license or identification certificate as
invalid.
SECTION 4. Section 109.61, Alcoholic Beverage Code, is
amended by adding Subsection (e) to read as follows:
(e) It is an affirmative defense to prosecution under this
code, for an offense having as an element the age of a person, that:
(1) a transaction scan device identified a license or
certificate as valid and the defendant accessed the information and
relied on the results in good faith; or
(2) if the defendant is the owner of a store in which
alcoholic beverages are sold at retail, the offense occurs in
connection with a sale by an employee of the owner, and the owner
had provided the employee with:
(A) a transaction scan device in working
condition; and
(B) adequate training in the use of the
transaction scan device.
SECTION 5. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2005.