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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and use of biometric identifiers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 503.001(c), Business & Commerce Code, as |
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effective April 1, 2009, is amended to read as follows: |
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(c) A person who possesses a biometric identifier of an |
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individual: |
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(1) may not sell, lease, or otherwise disclose the |
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biometric identifier to another person unless: |
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(A) [the individual consents to the disclosure;
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[(B)] the disclosure completes a financial |
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transaction that the individual requested or authorized; |
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(B) [(C)] the disclosure is required or |
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permitted by a federal statute or by a state statute other than |
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Chapter 552, Government Code; or |
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(C) [(D)] the disclosure is made by or to a law |
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enforcement agency for a law enforcement purpose in response to a |
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warrant; [and] |
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(2) shall store, transmit, and protect from disclosure |
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the biometric identifier using reasonable care and in a manner that |
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is the same as or more protective than the manner in which the |
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person stores, transmits, and protects any other confidential |
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information the person possesses; and |
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(3) shall destroy the biometric identifier within a |
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reasonable time not to exceed the first anniversary of the date the |
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purpose for collecting the identifier expires. |
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SECTION 2. (a) Section 503.001(c), Business & Commerce |
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Code, as amended by this Act, applies to a biometric identifier |
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possessed by a person before the effective date of this Act, except |
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as provided by Subsection (b) of this section. |
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(b) A person who possesses a biometric identifier that is |
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required to be destroyed because of the change in law made by this |
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Act to Section 503.001(c), Business & Commerce Code, shall destroy |
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the biometric identifier on or before October 1, 2009. |
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SECTION 3. This Act takes effect September 1, 2009. |