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By: Parker, et al. (Senate Sponsor - Harris) |
H.B. No. 1060 |
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(In the Senate - Received from the House March 29, 2007; |
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April 3, 2007, read first time and referred to Committee on |
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Transportation and Homeland Security; May 3, 2007, reported |
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adversely, with favorable Committee Substitute by the following |
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vote: Yeas 6, Nays 0; May 3, 2007, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 1060 |
By: Brimer |
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A BILL TO BE ENTITLED
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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 to a person with |
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whom the hospital has entered into a business associate contract in |
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accordance with the rules implementing the federal Health Insurance |
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Portability and Accountability Act of 1996 (Pub. L. No. 104-191). |
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The business associate, and any subcontractor of the business |
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associate who receives the transferred information, may use the |
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information only to service or maintain the hospital's database of |
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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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* * * * * |