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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on the capture or possession of a biometric |
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identifier by a governmental body. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 560.001(1), Government Code, is amended |
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to read as follows: |
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(1) "Biometric identifier" means a blood sample, hair |
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sample, skin sample, DNA sample, body scan, retina or iris scan, |
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fingerprint, voiceprint, or record of hand or face geometry. |
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SECTION 2. Chapter 560, Government Code, is amended by |
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adding Section 560.0015 to read as follows: |
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Sec. 560.0015. STATUTORY AUTHORITY REQUIRED. A |
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governmental body may not capture or possess a biometric identifier |
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of an individual unless the governmental body has: |
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(1) specific, explicit statutory authority to capture |
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or possess the individual's biometric identifier; or |
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(2) the written consent of the individual or the |
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individual's legal guardian. |
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SECTION 3. Section 560.0015, Government Code, as added by |
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this Act, applies only to a biometric identifier captured on or |
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after the effective date of this Act. A biometric identifier |
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captured before that date is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |