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BILL ANALYSIS

 

 

Senate Research Center                                                                                                 C.S.S.B. 955

80R10818 JRJ-D                                                                                                           By: Whitmire

                                                                                                 Transportation & Homeland Security

                                                                                                                                            3/26/2007

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

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 (Electronically Readable Information).  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.

 

C.S.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 on obtaining electronically readable information from a driver’s license or identification certificate.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 521.126(d), Transportation Code, as amended by Chapters 391 and 1189, Acts of the 79th Legislature, Regular Session, 2005, to provide that the prohibition provided by Subsection (b) (on access to or usage of the electronically readable information derived from a driver’s license or personal identification certificate) does not apply to a person screening an individual to work in a position in which the screened individual will work with or have access to children if the person is an employee of a public school district or an organization that sponsors a program for youth, or an agent of such an employee, that is exempt from federal income taxes under Section 501(c)(3), Internal Revenue Code of 1986, as amended, in addition to other persons set forth in this subsection who work with a database of such information for a law enforcement or governmental purpose.

 

SECTION 2.  Effective date: upon passage or September 1, 2007.