79R15356 DWS-D


By:  Carona                                                       S.B. No. 1590

Substitute the following for S.B. No. 1590:                                   

By:  Hill                                                     C.S.S.B. No. 1590


A BILL TO BE ENTITLED
AN ACT
relating to use of electronically readable information from a driver's license or personal identification certificate by certain entities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 521.126, Transportation Code, is amended by amending Subsection (e) and adding Subsection (e-1) to read as follows: (e) The prohibition provided by Subsection (b)(1) does not apply to a financial institution or a business if the information is accessed and used only for purposes of identification verification of an individual or check verification at the point of sale for a purchase of a good or service by check. The prohibition provided by Subsection (b)(2) does not apply to a financial institution if each license or certificate holder whose information is included in the compilation or database consents to the inclusion of the person's information in the compilation or database. Consent under this subsection must be on a separate document, signed by the license or certificate holder, that explains in at least 14-point bold type the information that will be included in the compilation or database. For the purposes of this subsection, "financial institution" has the meaning assigned by 31 U.S.C. Section 5312(a)(2), as amended. (e-1) The prohibition provided by Subsection (b)(1) does not apply to a public school district if: (1) the holder of the driver's license or personal identification certificate is an adult visitor to a campus of the school district; and (2) the information is accessed and used only for purposes of determining whether the license or certificate holder is included on a state or national database of sex offenders. SECTION 2. This Act takes effect September 1, 2005.