H.B. No. 3186
 
 
 
 
AN ACT
  relating to the collection and use of biometric identifiers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 503.001, Business & Commerce Code, is
  amended by amending Subsection (c) and adding Subsections (c-1) and
  (c-2) to read as follows:
         (c)  A person who possesses a biometric identifier of an
  individual that is captured for a commercial purpose:
               (1)  may not sell, lease, or otherwise disclose the
  biometric identifier to another person unless:
                     (A)  the individual consents to the disclosure for
  identification purposes in the event of the individual's
  disappearance or death;
                     (B)  the disclosure completes a financial
  transaction that the individual requested or authorized;
                     (C)  the disclosure is required or permitted by a
  federal statute or by a state statute other than Chapter 552,
  Government Code; or
                     (D)  the disclosure is made by or to a law
  enforcement agency for a law enforcement purpose in response to a
  warrant; [and]
               (2)  shall store, transmit, and protect from disclosure
  the biometric identifier using reasonable care and in a manner that
  is the same as or more protective than the manner in which the
  person stores, transmits, and protects any other confidential
  information the person possesses; and
               (3)  shall destroy the biometric identifier within a
  reasonable time, but not later than the first anniversary of the
  date the purpose for collecting the identifier expires, except as
  provided by Subsection (c-1).
         (c-1)  If a biometric identifier of an individual captured
  for a commercial purpose is used in connection with an instrument or
  document that is required by another law to be maintained for a
  period longer than the period prescribed by Subsection (c)(3), the
  person who possesses the biometric identifier shall destroy the
  biometric identifier within a reasonable time, but not later than
  the first anniversary of the date the instrument or document is no
  longer required to be maintained by law.
         (c-2)  If a biometric identifier captured for a commercial
  purpose has been collected for security purposes by an employer,
  the purpose for collecting the identifier under Subsection (c)(3)
  is presumed to expire on termination of the employment
  relationship.
         SECTION 2.  (a)  The changes in law made by this Act apply to
  a biometric identifier possessed by a person:
               (1)  on or after the effective date of this Act; or
               (2)  before the effective date of this Act, subject to
  Subsection (b) of this section.
         (b)  A person who before the effective date of this Act
  possesses a biometric identifier that is required to be destroyed
  because of the changes in law made by this Act shall destroy the
  biometric identifier on or before October 1, 2009.
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3186 was passed by the House on May
  15, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3186 on May 29, 2009, by the following vote:  Yeas 136, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3186 was passed by the Senate, with
  amendments, on May 25, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor