By: Harris  S.B. No. 269
         (In the Senate - Filed November 12, 2008; February 11, 2009,
  read first time and referred to Committee on Criminal Justice;
  March 26, 2009, reported favorably by the following vote:  Yeas 6,
  Nays 0; March 26, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to use of electronically readable information on a
  driver's license or personal identification certificate in
  connection with the over-the-counter sale of ephedrine,
  pseudoephedrine, or norpseudoephedrine; providing a criminal
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 486, Health and Safety
  Code, is amended by adding Section 486.0141 to read as follows:
         Sec. 486.0141.  USE OF CERTAIN ELECTRONICALLY READABLE
  INFORMATION. (a)  A person may access electronically readable
  information on a driver's license, commercial driver's license, or
  personal identification certificate for the purpose of complying
  with Section 486.014.
         (b)  Information accessed under this section may not be sold
  or otherwise disseminated to a third party for any purpose,
  including any marketing, advertising, or promotional activities.  
  The information may be obtained by court order or on request by the
  department or the Department of Public Safety.
         (c)  A person who violates this section commits an offense.  
  An offense under this section is a Class A misdemeanor.
         SECTION 2.  Subsection (d), Section 521.126, Transportation
  Code, is amended to read as follows:
         (d)  The prohibition provided by Subsection (b) does not
  apply to a person who accesses, uses, compiles, or maintains a
  database of the information for a law enforcement or governmental
  purpose, including:
               (1)  an officer or employee of the department carrying
  out law enforcement or government purposes;
               (2)  a peace officer, as defined by Article 2.12, Code
  of Criminal Procedure, acting in the officer's official capacity;
               (3)  a license deputy, as defined by Section 12.702,
  Parks and Wildlife Code, issuing a license, stamp, tag, permit, or
  other similar item through use of a point-of-sale system under
  Section 12.703, Parks and Wildlife Code;
               (4)  a person acting as authorized by Section 109.61,
  Alcoholic Beverage Code;
               (5)  a person establishing the identity of a voter
  under Chapter 63, Election Code;
               (6)  a person acting as authorized by Section 161.0825
  or 486.0141, Health and Safety Code; or
               (7)  a person screening an individual who will work
  with or have access to children if the person is an employee or an
  agent of an employee of a public school district or an organization
  exempt from federal income tax under Section 501(c)(3), Internal
  Revenue Code of 1986, as amended, that sponsors a program for youth.
         SECTION 3.  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, 2009.
 
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