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.