| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to limitations on the use of a biometric identifier by a |
|
|
governmental body. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 560.001(1), Government Code, is amended |
|
|
to read as follows: |
|
|
(1) "Biometric identifier" means any measurement of |
|
|
the human body or its movement that is used to attempt to uniquely |
|
|
identify or authenticate the identity of a person, including a |
|
|
blood sample, hair sample, skin sample, DNA sample, body scan, |
|
|
retina or iris scan, fingerprint, voiceprint, or record of hand or |
|
|
face geometry. |
|
|
SECTION 2. Chapter 560, Government Code, is amended by |
|
|
adding Section 560.0015 to read as follows: |
|
|
Sec. 560.0015. STATUTORY AUTHORITY REQUIRED. (a) A |
|
|
governmental body may not capture or possess a biometric identifier |
|
|
of an individual or require a biometric identifier as a |
|
|
prerequisite for providing a governmental service to the individual |
|
|
unless the governmental body has: |
|
|
(1) specific, explicit statutory authority that: |
|
|
(A) allows the governmental body to: |
|
|
(i) capture or possess the individual's |
|
|
biometric identifier; or |
|
|
(ii) require a biometric identifier as a |
|
|
prerequisite for providing a governmental service to the |
|
|
individual; or |
|
|
(B) allows the governmental body to require and |
|
|
obtain the written consent of the individual or the individual's |
|
|
legal guardian before: |
|
|
(i) capturing or possessing the |
|
|
individual's biometric identifier; or |
|
|
(ii) requiring a biometric identifier as a |
|
|
prerequisite for providing a governmental service to the |
|
|
individual; or |
|
|
(2) the voluntary, written consent of the individual |
|
|
or the individual's legal guardian. |
|
|
(b) For purposes of Subsection (a), Subchapter B, Chapter |
|
|
33, Health and Safety Code, is specific, explicit statutory |
|
|
authority under Subsection (a)(1)(A)(i) to capture or possess an |
|
|
individual's biometric identifier in the conduct of newborn |
|
|
screening as provided by that subchapter. |
|
|
SECTION 3. Section 560.0015, Government Code, as added by |
|
|
this Act, applies only to a biometric identifier captured or |
|
|
requested on or after the effective date of this Act. A biometric |
|
|
identifier captured or requested before that date is governed by |
|
|
the law in effect immediately before the effective date of this Act, |
|
|
and that law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2017. |