By: Cain H.B. No. 4423

A BILL TO BE ENTITLED

AN ACT

relating to the collection, possession, or use of biometric identifiers and biometric information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 560, Government Code, is amended to read as follows:

CHAPTER 560. BIOMETRIC IDENTIFIER AND BIOMETRIC INFORMATION

Sec. 560.001. DEFINITIONS. In this chapter:

(1) "Biometric identifier" means a retina or iris scan, palm or vascular vein, heartbeat, fingerprint, voiceprint, key strokes, signature, gait, or record or scan of hand or face geometry. Biometric identifier does not include a digital or physical photograph, an audio or video recording, or any data generated from a digital or physical photograph, or an audio or video recording, unless the photograph, recording, or data is generated to identify a specific individual.

(2) "Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.

(3) "Governmental body" has the meaning assigned by Section 552.003, except that the term includes each entity within or created by the judicial branch of state government.

Sec. 560.002. DISCLOSURE OF BIOMETRIC IDENTIFIER OR BIOMETRIC INFORMATION. A governmental body that possesses a biometric identifier or biometric information of an individual:

(1) may not sell, lease, or otherwise disclose the biometric identifier to another person unless:

(A) the individual consents to the disclosure;

(B) the disclosure is required or permitted by a federal statute or by a state statute other than Chapter 552; or

(C) the disclosure is made by or to a law enforcement agency for a law enforcement purpose; and

(2) shall store, transmit, and protect from disclosure the biometric identifier or biometric information using reasonable care and in a manner that is the same as or more protective than the manner in which the governmental body stores, transmits, and protects its other confidential information.

Sec. 560.003. APPLICATION OF CHAPTER 552. A biometric identifier or biometric information in the possession of a governmental body is exempt from disclosure under Chapter 552.

SECTION 2. The heading to Chapter 503, Business and Commerce Code, is amended to read as follows:

CHAPTER 503. BIOMETRIC IDENTIFIERS AND BIOMETRIC INFORMATION

SECTION 3. Chapter 503, Business and Commerce Code, is amended by adding Section 503.0001 to read as follows:

Sec. 503.0001. DEFINITIONS. In this chapter:

(1) "Biometric identifier" has the meaning assigned by Section 560.001, Government Code.

(2) "Biometric information" has the meaning assigned by Section 560.001, Government Code.

SECTION 3. Section 503.001, Business and Commerce Code, is amended to read as follows:

Sec. 503.001. CAPTURE OR USE OF BIOMETRIC IDENTIFIER OR BIOMETRIC INFORMATION. (a) [In this section, "biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.

(b)] A person may not capture a biometric identifier or biometric information of an individual for a commercial purpose unless the person:

(1) informs the individual before capturing the biometric identifier or biometric information; and

(2) receives the individual's consent to capture the biometric identifier or biometric information.

(b)[(c)] A person who possesses a biometric identifier or biometric information of an individual that is captured for a commercial purpose:

(1) may not sell, lease, or otherwise disclose the biometric identifier or biometric information to another person unless:

(A) the individual consents to the disclosure for identification purposes in the event of the individual's disappearance or death;

(B) the disclosure completes a financial transaction that the individual requested or authorized;

(C) the disclosure is required or permitted by a federal statute or by a state statute other than Chapter 552, Government Code; or

(D) the disclosure is made by or to a law enforcement agency for a law enforcement purpose in response to a warrant;

(2) shall store, transmit, and protect from disclosure the biometric identifier or biometric information using reasonable care and in a manner that is the same as or more protective than the manner in which the person stores, transmits, and protects any other confidential information the person possesses; and

(3) shall destroy the biometric identifier or biometric information within a reasonable time, but not later than the first anniversary of the date the purpose for collecting the identifier or information expires, except as provided by Subsection (c-1).

(c)[(c-1)] If a biometric identifier or biometric information of an individual captured for a commercial purpose is used in connection with an instrument or document that is required by another law to be maintained for a period longer than the period prescribed by Subsection (b)(3) [(c)(3)], the person who possesses the biometric identifier or biometric information shall destroy the biometric identifier or biometric information within a reasonable time, but not later than the first anniversary of the date the instrument or document is no longer required to be maintained by law.

(c-1)[(c-2)] If a biometric identifier or biometric information captured or collected for a commercial purpose has been collected for security purposes by an employer, the purpose for collecting the identifier or information under Subsection (c)(3) is presumed to expire on termination of the employment relationship.

(d) A person who violates this section is to a civil penalty of not more than $25,000 for each violation. The attorney general may bring an action to recover the civil penalty.

(e) This section does not apply to voiceprint data retained by a financial institution or an affiliate of a financial institution, as those terms are defined by 15 U.S.C. Section 6809.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.