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AN ACT
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relating to the use of electronically readable information from a |
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driver's license or personal identification certificate by |
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hospitals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.126, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsections (i), (j), and (k) |
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to read as follows: |
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(b) Except as provided by Subsections (d), (e), [and] (g), |
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(i), and (j), a person commits an offense if the person: |
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(1) accesses or uses electronically readable |
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information derived from a driver's license, commercial driver's |
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license, or personal identification certificate; or |
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(2) compiles or maintains a database of electronically |
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readable information derived from driver's licenses, commercial |
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driver's licenses, or personal identification certificates. |
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(i) The prohibition provided by Subsection (b) does not |
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apply to a hospital that accesses, uses, compiles, or maintains a |
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database of the information to provide health care services to the |
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individual who holds the driver's license, commercial driver's |
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license, or personal identification certificate. |
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(j) Except as otherwise provided by this subsection, a |
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hospital may not sell, transfer, or otherwise disseminate the |
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information described by Subsection (i) to a third party for any |
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purpose, including any marketing, advertising, or promotional |
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activities. A hospital that obtains information described by |
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Subsection (i) may transfer the information only in accordance with |
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the rules implementing the federal Health Insurance Portability and |
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Accountability Act of 1996 (Pub. L. No. 104-191). A business |
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associate, and any subcontractor of the business associate who |
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receives the transferred information, may use the information only |
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to service or maintain the hospital's database of the information. |
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(k) If an individual objects to the hospital collecting the |
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individual's information from the individual's driver's license as |
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described by Subsection (i), the hospital must use an alternative |
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method for collecting the individual's information. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1060 was passed by the House on March |
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28, 2007, by the following vote: Yeas 136, Nays 5, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1060 on May 18, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1060 on May 26, 2007, by the following vote: Yeas 145, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1060 was passed by the Senate, with |
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amendments, on May 15, 2007, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1060 on May 26, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |