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A BILL TO BE ENTITLED
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AN ACT
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relating to the capture of a biometric identifier by a governmental |
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entity; providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 560.001, Government Code, is amended to |
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read as follows: |
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Sec. 560.001. DEFINITIONS. In this chapter: |
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(1) "Biometric identifier" means an ear, [a] retina, |
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or iris scan, a fingerprint, a voiceprint, or a record of an |
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individual's hand or face geometry, heartbeat, gait, or vascular |
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pattern. |
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(2) "Governmental entity" means this state or an |
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agency or political subdivision of this state [body" has the
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meaning assigned by Section 552.003, except that the term includes
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each entity within or created by the judicial branch of state
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government]. |
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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. CAPTURE OF BIOMETRIC IDENTIFIER. (a) |
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Except as provided by Subsection (b), a governmental entity may not |
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capture an individual's biometric identifier without the |
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individual's voluntary consent. Except as provided by Subsection |
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(c), a governmental entity may not retain or use an individual's |
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biometric identifier that is captured using a photograph, video |
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recording, or audio recording of the individual. |
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(b) A governmental entity may capture an individual's |
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biometric identifier without the individual's consent if the |
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capture: |
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(1) occurs at a location not more than 10 miles from an |
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international border; |
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(2) is authorized under a warrant; |
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(3) occurs during the investigation of an alleged |
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crime and the biometric identifier is: |
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(A) a fingerprint; or |
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(B) from an individual who is arrested for, |
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charged with, or convicted of the crime; or |
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(4) is a fingerprint, heartbeat, or vascular pattern |
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captured by a health care provider or health care facility that |
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captures, possesses, or requires the biometric identifier while |
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providing health care services to the individual on the request of |
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the governmental entity. |
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(c) A governmental entity may retain and use an individual's |
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biometric identifier that is captured using a photograph, video |
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recording, or audio recording of the individual if: |
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(1) the photograph or recording is captured in |
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relation to a time, place, or event connected to a criminal |
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investigation; and |
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(2) the governmental entity destroys the record of the |
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biometric identifier on completion of the entity's use of the |
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biometric identifier for: |
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(A) the criminal investigation; or |
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(B) the trial or appeal of the prosecution of an |
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alleged crime charged as a result of the investigation. |
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SECTION 3. Section 560.002, Government Code, is amended to |
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read as follows: |
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Sec. 560.002. DISCLOSURE OF BIOMETRIC IDENTIFIER. A |
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governmental entity [body] that possesses a biometric identifier of |
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an individual: |
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(1) may not sell, lease, or otherwise disclose the |
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biometric identifier to another person unless: |
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(A) the individual consents to the disclosure; |
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(B) the disclosure is required or permitted by a |
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federal statute or by a state statute other than Chapter 552; or |
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(C) the disclosure is made by or to a law |
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enforcement agency for a law enforcement purpose; and |
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(2) shall store, transmit, and protect from disclosure |
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the biometric identifier using reasonable care and in a manner that |
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is the same as or more protective than the manner in which the |
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governmental entity [body] stores, transmits, and protects its |
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other confidential information. |
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SECTION 4. Chapter 560, Government Code, is amended by |
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adding Section 560.0025 to read as follows: |
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Sec. 560.0025. DESTRUCTION AFTER ACQUITTAL OR DISMISSAL OF |
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CRIMINAL CHARGE. A governmental entity that captures an |
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individual's biometric identifier based on an exception under |
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Section 560.0015(b)(2) or (3) shall destroy all records of the |
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biometric identifier if the biometric identifier was collected: |
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(1) under a warrant issued in the investigation of an |
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alleged crime and charges against the individual are not filed; or |
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(2) exclusively in connection with the investigation |
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of a crime for which: |
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(A) the individual was subsequently acquitted; |
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or |
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(B) all charges against the individual resulting |
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from the investigation are dismissed. |
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SECTION 5. Section 560.003, Government Code, is amended to |
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read as follows: |
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Sec. 560.003. APPLICATION OF CHAPTER 552. A biometric |
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identifier in the possession of a governmental entity [body] is |
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exempt from disclosure under Chapter 552. |
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SECTION 6. Chapter 560, Government Code, is amended by |
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adding Sections 560.004 and 560.005 to read as follows: |
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Sec. 560.004. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The |
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attorney general may institute an action for injunctive relief |
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against a person who appears to be in violation of or threatening to |
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violate this chapter. |
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(b) In an injunction issued under this section, a court may |
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include reasonable requirements to prevent further violations of |
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this chapter. |
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(c) In addition to the injunctive relief provided by |
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Subsection (a), the attorney general may institute an action for |
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civil penalties against a person for a violation of this chapter. A |
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civil penalty assessed under this section may not be less than |
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$1,000 for each violation. |
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(d) Each day a violation occurs or continues to occur is a |
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separate violation. |
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(e) The attorney general shall file an action under this |
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section in a district court in Travis County or the county in which |
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the violation occurred. |
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(f) The attorney general may recover reasonable expenses |
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incurred in obtaining injunctive relief or a civil penalty under |
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this section, including court costs, attorney's fees, |
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investigative costs, witness fees, and deposition expenses. |
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(g) A civil penalty recovered in an action by the attorney |
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general under this section shall be deposited in the state |
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treasury. |
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Sec. 560.005. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY. |
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Sovereign or governmental immunity, as applicable, of a |
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governmental entity to suit and from liability is waived and |
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abolished to the extent of liability created by this chapter. |
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SECTION 7. The changes in law made by this Act apply only to |
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a biometric identifier, as that term is defined by Section 560.001, |
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Government Code, as amended by this Act, that is captured on or |
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after the effective date of this Act. A biometric identifier that |
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was captured before that date is governed by the law in effect on |
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the date the biometric identifier was captured, and that law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2019. |