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A BILL TO BE ENTITLED
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AN ACT
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relating to use of electronically readable information on a |
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driver's license or personal identification certificate in |
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connection with the over-the-counter sale of ephedrine, |
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pseudoephedrine, or norpseudoephedrine; providing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 486, Health and Safety |
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Code, is amended by adding Section 486.0141 to read as follows: |
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Sec. 486.0141. USE OF CERTAIN ELECTRONICALLY READABLE |
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INFORMATION. (a) A person may access electronically readable |
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information on a driver's license, commercial driver's license, or |
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personal identification certificate for the purpose of complying |
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with Section 486.014. |
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(b) Information accessed under this section may not be sold |
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or otherwise disseminated to a third party for any purpose, |
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including any marketing, advertising, or promotional activities. |
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The information may be obtained by court order or on request by the |
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department or the Department of Public Safety. |
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(c) A person who violates this section commits an offense. |
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An offense under this section is a Class A misdemeanor. |
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SECTION 2. Subsection (d), Section 521.126, Transportation |
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Code, as amended by Chapters 391 and 1189, Acts of the 79th |
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Legislature, Regular Session, 2005, is amended to read as follows: |
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(d) The prohibition provided by Subsection (b) does not |
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apply to a person who accesses, uses, compiles, or maintains a |
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database of the information for a law enforcement or governmental |
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purpose, including: |
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(1) an officer or employee of the department carrying |
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out law enforcement or government purposes; |
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(2) a peace officer, as defined by Article 2.12, Code |
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of Criminal Procedure, acting in the officer's official capacity; |
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(3) a license deputy, as defined by Section 12.702, |
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Parks and Wildlife Code, issuing a license, stamp, tag, permit, or |
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other similar item through use of a point-of-sale system under |
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Section 12.703, Parks and Wildlife Code; |
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(4) a person acting as authorized by Section 109.61, |
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Alcoholic Beverage Code; [or] |
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(5) a person establishing the identity of a voter |
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under Chapter 63, Election Code; or[.] |
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(6) [(5)] a person acting as authorized by Section |
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161.0825 or 486.0141, Health and Safety Code. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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* * * * * |