80R9105 DWS-D
 
  By: Carona S.B. No. 1787
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the Department of Public Safety to contract
to provide certain fingerprint information.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter C, Chapter 521, Transportation Code,
is amended by adding Section 521.060 to read as follows:
       Sec. 521.060.  CONTRACT TO PROVIDE FINGERPRINT INFORMATION.
(a)  Notwithstanding Section 521.059 or Chapter 730, the department
may contract to provide fingerprint information from the
department's driver's license and personal identification
certificate records to a private entity or governmental entity for
use in an electronic system through which, by scanning a customer's
fingerprint:
             (1)  a retailer may:
                   (A)  complete or subsidize a commercial
transaction, with or without use of a credit card, debit card,
check, or similar token; or
                   (B)  verify a customer's age for the purpose of
complying with a law providing an age requirement for certain
transactions;
             (2)  the governmental entity may distribute public
benefits; or
             (3)  a health care provider may maintain and distribute
health care records.
       (b)  A contract under this section must provide that a person
receiving the fingerprint information from the department may not
retain, store, or transfer to another person an actual image of a
fingerprint. The mathematical algorithms used by the electronic
system to collect fingerprint data and to identify a person from the
data must be reasonably designed to prevent reproduction of an
actual image of the fingerprint from which the data is collected.
       (c)  A contract under this section with a private entity may
provide that:
             (1)  the department may collect a fee for providing
information under the contract in an amount based on a percentage of
the amount received by the private entity for use of the information
in commercial transactions described by Subsection (a)(1)(A); and
             (2)  the department may accept from the private entity
equipment for use under the contract.
       (d)  The department may accept unsolicited proposals for a
proposed contract under this section or may solicit competing
proposals as provided by applicable law. The department shall
establish rules and procedures for accepting unsolicited proposals
that specify the information required in a proposal and the
criteria for evaluating the proposal.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.