Texas 2009 - 81st Regular

Texas House Bill HB3186 Compare Versions

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Old	New	Differences
1	1	H.B. No. 3186
2	2
3	3
4	4	AN ACT
5	5	relating to the collection and use of biometric identifiers.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 503.001, Business & Commerce Code, is
8	8	amended by amending Subsection (c) and adding Subsections (c-1) and
9	9	(c-2) to read as follows:
10	10	(c) A person who possesses a biometric identifier of an
11	11	individual that is captured for a commercial purpose:
12	12	(1) may not sell, lease, or otherwise disclose the
13	13	biometric identifier to another person unless:
14	14	(A) the individual consents to the disclosure for
15	15	identification purposes in the event of the individual's
16	16	disappearance or death;
17	17	(B) the disclosure completes a financial
18	18	transaction that the individual requested or authorized;
19	19	(C) the disclosure is required or permitted by a
20	20	federal statute or by a state statute other than Chapter 552,
21	21	Government Code; or
22	22	(D) the disclosure is made by or to a law
23	23	enforcement agency for a law enforcement purpose in response to a
24	24	warrant; [and]
25	25	(2) shall store, transmit, and protect from disclosure
26	26	the biometric identifier using reasonable care and in a manner that
27	27	is the same as or more protective than the manner in which the
28	28	person stores, transmits, and protects any other confidential
29	29	information the person possesses; and
30	30	(3) shall destroy the biometric identifier within a
31	31	reasonable time, but not later than the first anniversary of the
32	32	date the purpose for collecting the identifier expires, except as
33	33	provided by Subsection (c-1).
34	34	(c-1) If a biometric identifier of an individual captured
35	35	for a commercial purpose is used in connection with an instrument or
36	36	document that is required by another law to be maintained for a
37	37	period longer than the period prescribed by Subsection (c)(3), the
38	38	person who possesses the biometric identifier shall destroy the
39	39	biometric identifier within a reasonable time, but not later than
40	40	the first anniversary of the date the instrument or document is no
41	41	longer required to be maintained by law.
42	42	(c-2) If a biometric identifier captured for a commercial
43	43	purpose has been collected for security purposes by an employer,
44	44	the purpose for collecting the identifier under Subsection (c)(3)
45	45	is presumed to expire on termination of the employment
46	46	relationship.
47	47	SECTION 2. (a) The changes in law made by this Act apply to
48	48	a biometric identifier possessed by a person:
49	49	(1) on or after the effective date of this Act; or
50	50	(2) before the effective date of this Act, subject to
51	51	Subsection (b) of this section.
52	52	(b) A person who before the effective date of this Act
53	53	possesses a biometric identifier that is required to be destroyed
54	54	because of the changes in law made by this Act shall destroy the
55	55	biometric identifier on or before October 1, 2009.
56	56	SECTION 3. This Act takes effect September 1, 2009.
57	57	______________________________ ______________________________
58	58	President of the Senate Speaker of the House
59	59	I certify that H.B. No. 3186 was passed by the House on May
60	60	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
61	61	voting; and that the House concurred in Senate amendments to H.B.
62	62	No. 3186 on May 29, 2009, by the following vote: Yeas 136, Nays 0,
63	63	1 present, not voting.
64	64	______________________________
65	65	Chief Clerk of the House
66	66	I certify that H.B. No. 3186 was passed by the Senate, with
67	67	amendments, on May 25, 2009, by the following vote: Yeas 31, Nays
68	68	0.
69	69	______________________________
70	70	Secretary of the Senate
71	71	APPROVED: __________________
72	72	Date
73	73	__________________
74	74	Governor