|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the electronic storage of personal identification |
|
information obtained from driver's licenses or personal |
|
identification certificates. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 521.126, Transportation Code, is amended |
|
by amending Subsection (e) and adding Subsection (l) to read as |
|
follows: |
|
(e) The prohibition provided by Subsection (b) [(b)(1)] |
|
does not apply to a financial institution or a business that |
|
accesses or uses electronically readable information or compiles or |
|
maintains a database of that information if: |
|
(1) the information is accessed and used [only] for |
|
purposes of identification verification of an individual or check |
|
verification at the point of sale for a purchase of a good or |
|
service by check; |
|
(2) the information is accessed and used as part of a |
|
transaction initiated by the license or certificate holder to |
|
provide information to a check services company or fraud prevention |
|
services company governed by the Fair Credit Reporting Act (15 |
|
U.S.C. Section 1681 et seq.) for the purpose of effecting, |
|
administering, or enforcing the transaction; or |
|
(3) in the case of [.
The prohibition provided by
|
|
Subsection (b)(2) does not apply to] a financial institution, [if] |
|
each license or certificate holder whose information is included in |
|
the compilation or database consents to the inclusion of the |
|
person's information in the compilation or database[.
Consent
|
|
under this subsection must be] on a separate document, signed by the |
|
license or certificate holder, that explains in at least 14-point |
|
bold type the information that will be included in the compilation |
|
or database. [For the purposes of this subsection, "financial
|
|
institution" has the meaning assigned by 31 U.S.C. Section
|
|
5312(a)(2), as amended.] |
|
(l) For the purposes of this section, "financial |
|
institution" has the meaning assigned by 31 U.S.C. Section |
|
5312(a)(2). |
|
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, 2011. |