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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the Department of Public Safety to contract |
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to provide certain fingerprint information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 521, Transportation Code, |
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is amended by adding Section 521.060 to read as follows: |
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Sec. 521.060. CONTRACT TO PROVIDE FINGERPRINT INFORMATION. |
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(a) Notwithstanding Section 521.059 or Chapter 730, the department |
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may contract to provide fingerprint information from the |
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department's driver's license and personal identification |
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certificate records to a private entity or governmental entity for |
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use in an electronic system through which, by scanning a customer's |
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fingerprint: |
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(1) a retailer may: |
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(A) complete or subsidize a commercial |
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transaction, with or without use of a credit card, debit card, |
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check, or similar token; or |
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(B) verify a customer's age for the purpose of |
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complying with a law providing an age requirement for certain |
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transactions; |
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(2) the governmental entity may distribute public |
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benefits; or |
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(3) a health care provider may maintain and distribute |
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health care records. |
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(b) A contract under this section must provide that a person |
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receiving the fingerprint information from the department may not |
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retain, store, or transfer to another person an actual image of a |
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fingerprint. The mathematical algorithms used by the electronic |
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system to collect fingerprint data and to identify a person from the |
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data must be reasonably designed to prevent reproduction of an |
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actual image of the fingerprint from which the data is collected. |
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(c) A contract under this section with a private entity may |
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provide that: |
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(1) the department may collect a fee for providing |
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information under the contract in an amount based on a percentage of |
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the amount received by the private entity for use of the information |
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in commercial transactions described by Subsection (a)(1)(A); and |
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(2) the department may accept from the private entity |
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equipment for use under the contract. |
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(d) The department may accept unsolicited proposals for a |
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proposed contract under this section or may solicit competing |
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proposals as provided by applicable law. The department shall |
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establish rules and procedures for accepting unsolicited proposals |
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that specify the information required in a proposal and the |
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criteria for evaluating the proposal. |
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SECTION 2. 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. |