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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on the use of a biometric identifier by a |
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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 any measurement of |
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the human body or its movement that is used to attempt to uniquely |
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identify or authenticate the identity of a person, including a |
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blood sample, hair sample, skin sample, DNA sample, body scan, |
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retina or iris scan, fingerprint, voiceprint, or record of hand or |
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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 or require a biometric identifier as a |
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prerequisite for providing a governmental service to the individual |
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unless the governmental body: |
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(1) has specific, explicit statutory authority that: |
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(A) allows the governmental body to: |
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(i) capture or possess the individual's |
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biometric identifier; or |
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(ii) require a biometric identifier as a |
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prerequisite for providing a governmental service to the |
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individual; or |
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(B) allows the governmental body to require and |
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obtain the written consent of the individual or the individual's |
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legal guardian before: |
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(i) capturing or possessing the |
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individual's biometric identifier; or |
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(ii) requiring a biometric identifier as a |
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prerequisite for providing a governmental service to the |
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individual; |
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(2) obtains the voluntary, written consent of the |
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individual or the individual's legal guardian; |
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(3) is a health care provider or health care facility |
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that captures, possesses, or requires the biometric identifier |
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while providing health care services to the individual; or |
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(4) is a criminal justice agency, as defined by |
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Article 60.01, Code of Criminal Procedure, that captures, |
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possesses, or requires the biometric identifier while engaged in |
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the administration of criminal justice, as defined by that article. |
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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 or |
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requested on or after the effective date of this Act. A biometric |
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identifier captured or requested before that date is governed by |
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the law in effect immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |