81R10474 JE-D
By: McCall H.B. No. 3186
A BILL TO BE ENTITLED
AN ACT
relating to the collection and use of biometric identifiers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 503.001(c), Business & Commerce Code, as
effective April 1, 2009, is amended to read as follows:
(c) A person who possesses a biometric identifier 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 completes a financial
transaction that the individual requested or authorized;
(B) [(C)] the disclosure is required or
permitted by a federal statute or by a state statute other than
Chapter 552, Government Code; or
(C) [(D)] the disclosure is made by or to a law
enforcement agency for a law enforcement purpose in response to a
warrant; [and]
(2) shall store, transmit, and protect from disclosure
the biometric identifier 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 within a
reasonable time not to exceed the first anniversary of the date the
purpose for collecting the identifier expires.
SECTION 2. (a) Section 503.001(c), Business & Commerce
Code, as amended by this Act, applies to a biometric identifier
possessed by a person before the effective date of this Act, except
as provided by Subsection (b) of this section.
(b) A person who possesses a biometric identifier that is
required to be destroyed because of the change in law made by this
Act to Section 503.001(c), Business & Commerce Code, shall destroy
the biometric identifier on or before October 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.