Texas 2023 - 88th Regular

Texas Senate Bill SB704

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the capture and use of an individual's biometric identifiers, specimen, or genetic information by a governmental body or peace officer or by a person for commercial purposes; authorizing civil penalties.

Impact

If enacted, SB 704 will significantly impact the laws regarding privacy and data protection within the state. It places restrictions on governmental agencies' ability to capture biometric data without specific statutory authority and individuals' consent. The bill requires that specimens collected for testing be destroyed after their intended purpose is fulfilled, increasing accountability among parties that handle sensitive personal information. This act aims to create stricter guidelines on how biometric and genetic data can be used and disclosed, particularly to ensure the confidentiality and integrity of individuals' personal information.

Summary

Senate Bill 704, introduced by Paxton, addresses the capture and use of an individual's biometric identifiers, specimens, or genetic information by governmental bodies and peace officers, as well as its commercial usage. The bill aims to establish clear consent requirements, ensuring that individuals are informed and give express consent prior to the collection and use of their biometric and genetic data. Furthermore, it seeks to impose civil penalties for violations of these consent requirements, thereby enhancing the protection of personal data associated with individuals' health and identity.

Sentiment

Discussions surrounding SB 704 exhibit a range of sentiments. Supporters commend the bill for protecting individual privacy rights and preventing unauthorized use of sensitive data, potentially shielding citizens from identity theft and other forms of misuse. Critics, however, may argue that the regulations could hinder legitimate governmental operations, particularly in law enforcement contexts where rapid access to such data can be crucial. The overall sentiment appears to favor enhanced privacy measures, which reflect growing public concern about data protection.

Contention

Notable points of contention surrounding SB 704 involve the balance between privacy and governmental authority, particularly in law enforcement scenarios where rapid access to genetic information may be necessary for investigations. The bill outlines clear requirements for obtaining consent, which may conflict with law enforcement's immediate needs during criminal investigations. Furthermore, concerns about the feasibility of compliance may arise from businesses and governmental bodies that manage biometric and genetic data, prompting discussions about the implications for existing practices.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 560. Biometric Identifier
    • Section: New Section

Health And Safety Code

  • Chapter 33. Phenylketonuria, Other Heritable Diseases, Hypothyroidism, And Certain Other Disorders
    • Section: New Section
  • Chapter 81. Communicable Diseases; Public Health Disasters; Public Health Emergencies
    • Section: New Section

Code Of Criminal Procedure

  • Chapter 18. Search Warrants
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

TX SB1952

Relating to the capture and use of an individual's biometric identifiers, specimen, or genetic information by a governmental body or peace officer or by a person for commercial purposes.

TX SB315

Relating to a property right in DNA; providing injunctive relief and a civil penalty; creating a criminal offense.

UT SB0140

Law Enforcement DNA Amendments

TX HB3506

Relating to the storage in and removal from certain DNA databases of certain DNA samples.

TX HB3582

Relating to a property right in certain genetic information.

TX SB2086

Relating to a property right in DNA; providing injunctive relief and a civil penalty; creating a criminal offense.

TX HB2110

Relating to a property right in certain DNA samples; providing penalties.

TX SB475

Relating to a property right in certain DNA samples; providing injunctive relief and a civil penalty; creating a criminal offense.