H.B. No. 320

AN ACT

relating to use of electronically readable information from a driver's license or personal identification certificate by a commercial business.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 521.126(e), Transportation Code, is amended 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.

SECTION 2. This Act takes effect September 1, 2007.

____________________________________________________________

President of the SenateSpeaker of the House

I certify that H.B. No. 320 was passed by the House on April 12, 2007, by the following vote: Yeas 139, Nays 0, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 320 was passed by the Senate on May 3, 2007, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: _____________________ APPROVED: _____________________

Date

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Governor