BILL ANALYSIS

 

 

                                                                                                                                              S.B. 955

                                                                                                                                      By: Whitmire

                                                                                                                               Law Enforcement

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, the Transportation Code prohibits an individual or entity from obtaining the electronically readable information encoded on a driver’s license or identification certificate unless the individual is exempted from the prohibition as provided by Section 521.126 (d), Transportation Code.

 

However, individuals working for a public school or a nonprofit organization engaged in a youth program are not exempted by that section. Authorization to obtain such information would enhance the capability of these institutions to identify individuals who may pose a threat to the children in their care.

 

S.B. 955 exempts an individual working for a public school or a nonprofit organization engaged in a youth program, or an agent of such an individual, from the prohibition of obtaining electronically readable information from a driver’s license or identification certificate.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

S.B. 955 amends Subsection (d), Section 521.126, Transportation Code, as amended by Chapters 391 and 1189, Acts of the 79^th Legislature, Regular Session, 2005, to exempt a person screening an individual who will work with or have access to children, if the person is an employee or an agent of an employee of a public school district or an organization exempt from federal income tax under Section 501 (c) (3), Internal Revenue Code of 1986, as amended, that sponsors a program for youth, from the prohibition provided by Transportation Code Section 521.126 (b).

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.