By: Parker, et al. (Senate Sponsor - Harris) H.B. No. 1060

(In the Senate - Received from the House March 29, 2007; April 3, 2007, read first time and referred to Committee on Transportation and Homeland Security; May 3, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; May 3, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 1060 By: Brimer

A BILL TO BE ENTITLED

AN ACT

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

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

SECTION 1. Section 521.126, Transportation Code, is amended by amending Subsection (b) and adding Subsections (i), (j), and (k) to read as follows:

(b) Except as provided by Subsections (d), (e), [and] (g), (i), and (j), a person commits an offense if the person:

(1) accesses or uses electronically readable information derived from a driver's license, commercial driver's license, or personal identification certificate; or

(2) compiles or maintains a database of electronically readable information derived from driver's licenses, commercial driver's licenses, or personal identification certificates.

(i) The prohibition provided by Subsection (b) does not apply to a hospital that accesses, uses, compiles, or maintains a database of the information to provide health care services to the individual who holds the driver's license, commercial driver's license, or personal identification certificate.

(j) Except as otherwise provided by this subsection, a hospital may not sell, transfer, or otherwise disseminate the information described by Subsection (i) to a third party for any purpose, including any marketing, advertising, or promotional activities. A hospital that obtains information described by Subsection (i) may transfer the information only to a person with whom the hospital has entered into a business associate contract in accordance with the rules implementing the federal Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191). The business associate, and any subcontractor of the business associate who receives the transferred information, may use the information only to service or maintain the hospital's database of the information.

(k) If an individual objects to the hospital collecting the individual's information from the individual's driver's license as described by Subsection (i), the hospital must use an alternative method for collecting the individual's information.

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

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