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A BILL TO BE ENTITLED
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AN ACT
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relating to the access, use, or retention of certain electronically |
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readable information on a driver's license, commercial driver's |
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license, or personal identification certificate; providing |
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penalties. |
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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 (b-1) and (b-2) |
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to read as follows: |
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(b) Except as provided by Subsections (d), (e), and (g), a |
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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 without the |
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consent of the license or certificate holder; 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 without |
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the consent of each license or certificate holder whose information |
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is compiled or maintained. |
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(b-1) For the purposes of Subsection (b), a license or |
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certificate holder provides consent only by signing a separate |
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document or using an electronic signature, as defined by Section |
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43.002, Business & Commerce Code, on an electronic record that |
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states: |
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"I consent to allow (insert name of person) to access or |
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include information from my driver's license or personal |
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identification certificate in a compilation or database." |
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(b-2) A person may not sell or otherwise disclose |
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electronically readable information accessed, compiled, or |
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described by Subsection (b) to another person or an affiliate of the |
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person. This subsection does not apply to a financial institution |
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described by Subsection (e). |
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SECTION 2. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For the purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |