By: McCall (Senate Sponsor - Duncan) H.B. No. 3186
(In the Senate - Received from the House May 18, 2009;
May 19, 2009, read first time and referred to Committee on Business
and Commerce; May 22, 2009, reported favorably by the following
vote: Yeas 8, Nays 0; May 22, 2009, sent to printer.)
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, Business & Commerce Code, is
amended by amending Subsection (c) and adding Subsections (c-1) and
(c-2) to read as follows:
(c) A person who possesses a biometric identifier of an
individual that is captured for a commercial purpose:
(1) may not sell, lease, or otherwise disclose the
biometric identifier 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; [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, but not later than the first anniversary of the
date the purpose for collecting the identifier expires, except as
provided by Subsection (c-1).
(c-1) If a biometric identifier of an individual 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 (c)(3), the person who possesses the
biometric identifier shall destroy the biometric identifier 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-2) If a biometric identifier has been collected for
security purposes by an employer, the purpose for collecting the
identifier under Subsection (c)(3) is presumed to expire on
termination of the employment relationship.
SECTION 2. (a) The changes in law made by this Act apply to
a biometric identifier possessed by a person:
(1) on or after the effective date of this Act; or
(2) before the effective date of this Act, subject to
Subsection (b) of this section.
(b) A person who before the effective date of this Act
possesses a biometric identifier that is required to be destroyed
because of the changes in law made by this Act shall destroy the
biometric identifier on or before October 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.
* * * * *