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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic storage of personal identification |
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information obtained from driver's licenses or personal |
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identification certificates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.126, Transportation Code, is amended |
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by amending Subsection (e) and adding Subsection (l) to read as |
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follows: |
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(e) The prohibition provided by Subsection (b) [(b)(1)] |
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does not apply to a financial institution or a business that |
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accesses or uses electronically readable information or compiles or |
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maintains a database of that information if: |
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(1) the information is accessed and used [only] for |
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purposes of identification verification of an individual or check |
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verification at the point of sale for a purchase of a good or |
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service by check; |
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(2) the information is accessed and used as part of a |
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transaction initiated by the license or certificate holder to |
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provide information to a check services company or fraud prevention |
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services company governed by the Fair Credit Reporting Act (15 |
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U.S.C. Section 1681 et seq.) for the purpose of effecting, |
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administering, or enforcing the transaction; or |
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(3) in the case of [.
The prohibition provided by
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Subsection (b)(2) does not apply to] a financial institution, [if] |
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each license or certificate holder whose information is included in |
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the compilation or database consents to the inclusion of the |
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person's information in the compilation or database[.
Consent
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under this subsection must be] on a separate document, signed by the |
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license or certificate holder, that explains in at least 14-point |
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bold type the information that will be included in the compilation |
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or database. [For the purposes of this subsection, "financial
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institution" has the meaning assigned by 31 U.S.C. Section
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5312(a)(2), as amended.] |
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(l) For the purposes of this section, "financial |
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institution" has the meaning assigned by 31 U.S.C. Section |
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5312(a)(2). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |