79R6649 MTB-D

By:  Whitmire                                                     S.B. No. 1466



A BILL TO BE ENTITLED

AN ACT

relating to the use of certain electronically readable information 
on a driver's license to verify the identity of a payment 
cardholder; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 35, Business & Commerce 
Code, is amended by adding Section 35.64 to read as follows:
	Sec. 35.64.  USE OF CERTAIN ELECTRONICALLY READABLE 
INFORMATION. (a) In this section, "payment card" means a credit 
card, a debit card, a check card, or any other card that is issued to 
an authorized user to purchase or obtain goods, services, money, or 
any other thing of value.
	(b)  A person that accepts a payment card for the transaction 
of business may access electronically readable information on a 
driver's license, commercial driver's license, or identification 
certificate for the purpose of verifying a cardholder's identity.
	(c)  A person may not retain information accessed under this 
section. 
	(d)  Information accessed under this section may not be 
marketed in any manner.
	(e)  A person who violates this section commits an offense.  
An offense under this section is a Class A misdemeanor.
	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:           
		(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 35.64,  
Business & Commerce Code.
	SECTION 3.  This Act takes effect September 1, 2005.