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Amend CSSB 1252 by striking SECTIONS 5 and 6 of the bill
(Senate committee printing, page 2, line 58, through page 3, line 8)
and substituting the following:
SECTION 5. Section 521.126, Transportation Code, is amended
by amending Subsection (b) and adding Subsections (b-1), (b-2), and
(b-3) to read as follows:
(b) Except as provided by Subsections (d), (e), and (g), a
person commits an offense if the person:
(1) accesses or uses electronically readable
information derived from a driver's license, commercial driver's
license, or personal identification certificate without the
consent of the license or certificate holder; or
(2) compiles or maintains a database of electronically
readable information derived from driver's licenses, commercial
driver's licenses, or personal identification certificates without
the consent of each license or certificate holder whose information
is compiled or maintained.
(b-1) For the purposes of Subsection (b), a license or
certificate holder provides consent only by signing a separate
document or using an electronic signature, as defined by Section
43.002, Business & Commerce Code, on an electronic record that
states:
"I consent to allow (insert name of person) to access or
include information from my driver's license or personal
identification certificate in a compilation or database."
(b-2) A license or certificate holder may only provide
consent to one person on each document or electronic record
described by Subsection (b-1).
(b-3) A person may not sell or otherwise disclose
electronically readable information accessed, compiled, or
described by Subsection (b) to another person or an affiliate of the
person. This subsection does not apply to a financial institution
described by Subsection (e).
SECTION 6. (a) The change in law made to Section 521.126,
Transportation Code, as amended by this Act, applies only to an
offense committed on or after the effective date of this Act. For
the purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that 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 7. This Act takes effect September 1, 2007.