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A BILL TO BE ENTITLED
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AN ACT
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relating to an electronic fingerprint verification system used by a |
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seller to confirm the age of a purchaser of certain products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 35, Business & Commerce |
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Code, is amended by adding Section 35.501 to read as follows: |
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Sec. 35.501. AGE VERIFICATION THROUGH ELECTRONIC |
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FINGERPRINT ANALYSIS. (a) In this section, "electronic |
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fingerprint verification system" means an electronic system |
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capable of verifying the age of a purchaser by scanning the |
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purchaser's fingerprint at the location of the sale. |
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(b) A seller who is required by law to verify the age of a |
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purchaser of a good or service before making a sale may satisfy the |
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age verification requirement by using an electronic fingerprint |
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verification system as provided by this section. |
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(c) A seller, a seller's agent, or a third party that a |
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seller or a seller's agent contracts with for this purpose may |
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enroll purchasers in an electronic fingerprint verification |
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system. To become enrolled in the system, the purchaser must |
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provide the person enrolling the purchaser with a government-issued |
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identification document that indicates the purchaser's age and |
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includes an electronic image of the person's fingerprint. |
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(d) After a purchaser is enrolled in the electronic |
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fingerprint verification system as provided by Subsection (c), a |
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seller may use the system to verify a purchaser's age before making |
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a sale. The seller is not required to ask for the purchaser's |
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government-issued identification document in the course of the |
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sale. |
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(e) Multiple sellers may share a single electronic |
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fingerprint verification system. A seller may rely on the |
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enrollment services of another seller, another seller's agent, or a |
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third party with whom another seller contracts, if both sellers use |
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the same electronic fingerprint verification system. |
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SECTION 2. Subchapter D, Chapter 109, Alcoholic Beverage |
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Code, is amended by adding Section 109.62 to read as follows: |
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Sec. 109.62. USE OF ELECTRONIC FINGERPRINT ANALYSIS FOR AGE |
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VERIFICATION. (a) A person may use an electronic fingerprint |
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verification system as provided by Section 35.501, Business & |
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Commerce Code, for the purpose of complying with this code or a rule |
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of the commission, including for the purpose of preventing the |
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person from committing an offense under this code. |
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(b) It is an affirmative defense to prosecution under this |
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code, for an offense having as an element the age of a person, that: |
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(1) an electronic fingerprint verification system |
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identified a person as of age and the defendant accessed the |
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information and relied on the results in good faith; or |
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(2) if the defendant is the owner of a store in which |
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alcoholic beverages are sold at retail, the offense occurs in |
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connection with a sale by an employee of the owner, and the owner |
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had provided the employee with: |
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(A) an electronic fingerprint verification |
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system in working condition; and |
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(B) adequate training in the use of the system. |
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SECTION 3. Subchapter H, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0826 to read as follows: |
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Sec. 161.0826. USE OF ELECTRONIC FINGERPRINT ANALYSIS FOR |
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AGE VERIFICATION. (a) A person may use an electronic fingerprint |
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verification system as provided by Section 35.501, Business & |
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Commerce Code, for the purpose of complying with Section 161.082. |
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(b) It is an affirmative defense to prosecution under |
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Section 161.082 that: |
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(1) an electronic fingerprint verification system |
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identified a person as of age and the defendant accessed the |
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information and relied on the results in good faith; or |
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(2) if the defendant is the owner of a store in which |
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cigarettes or tobacco products are sold at retail, the offense |
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under Section 161.082 occurs in connection with a sale by an |
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employee of the owner, and the owner had provided the employee with: |
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(A) an electronic fingerprint verification |
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system in working condition; and |
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(B) adequate training in the use of the system. |
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SECTION 4. Section 521.126, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (e-1) to read as |
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follows: |
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(b) Except as provided by Subsections (d), (e), (e-1), and |
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(g), 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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(e-1) The prohibition provided by Subsection (b) does not |
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apply to a person who accesses or uses electronically readable |
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information or compiles or maintains a database of electronically |
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readable information to enroll purchases in an electronic |
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fingerprint verification system or to verify the age of a purchaser |
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before making a sale, as authorized by Section 35.501, Business & |
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Commerce Code, if the purchaser consents to the use of the |
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purchaser's electronically readable information in that manner. |
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SECTION 5. This Act takes effect September 1, 2007. |