By: West (Senate Sponsor - Carona) H.B. No. 320

(In the Senate - Received from the House April 16, 2007; April 17, 2007, read first time and referred to Committee on Transportation and Homeland Security; April 24, 2007, reported favorably by the following vote: Yeas 8, Nays 0; April 24, 2007, sent to printer.)

A BILL TO BE ENTITLED

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.

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