| 1 | 1 | | By: Harris S.B. No. 269 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to use of electronically readable information on a |
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| 7 | 7 | | driver's license or personal identification certificate in |
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| 8 | 8 | | connection with the over-the-counter sale of ephedrine, |
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| 9 | 9 | | pseudoephedrine, or norpseudoephedrine; providing a criminal |
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| 10 | 10 | | penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 486, Health and Safety |
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| 13 | 13 | | Code, is amended by adding Section 486.0141 to read as follows: |
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| 14 | 14 | | Sec. 486.0141. USE OF CERTAIN ELECTRONICALLY READABLE |
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| 15 | 15 | | INFORMATION. (a) A person may access electronically readable |
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| 16 | 16 | | information on a driver's license, commercial driver's license, or |
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| 17 | 17 | | personal identification certificate for the purpose of complying |
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| 18 | 18 | | with Section 486.014. |
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| 19 | 19 | | (b) Information accessed under this section may not be sold |
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| 20 | 20 | | or otherwise disseminated to a third party for any purpose, |
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| 21 | 21 | | including any marketing, advertising, or promotional activities. |
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| 22 | 22 | | The information may be obtained by court order or on request by the |
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| 23 | 23 | | department or the Department of Public Safety. |
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| 24 | 24 | | (c) A person who violates this section commits an offense. |
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| 25 | 25 | | An offense under this section is a Class A misdemeanor. |
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| 26 | 26 | | SECTION 2. Subsection (d), Section 521.126, Transportation |
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| 27 | 27 | | Code, is amended to read as follows: |
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| 28 | 28 | | (d) The prohibition provided by Subsection (b) does not |
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| 29 | 29 | | apply to a person who accesses, uses, compiles, or maintains a |
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| 30 | 30 | | database of the information for a law enforcement or governmental |
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| 31 | 31 | | purpose, including: |
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| 32 | 32 | | (1) an officer or employee of the department carrying |
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| 33 | 33 | | out law enforcement or government purposes; |
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| 34 | 34 | | (2) a peace officer, as defined by Article 2.12, Code |
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| 35 | 35 | | of Criminal Procedure, acting in the officer's official capacity; |
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| 36 | 36 | | (3) a license deputy, as defined by Section 12.702, |
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| 37 | 37 | | Parks and Wildlife Code, issuing a license, stamp, tag, permit, or |
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| 38 | 38 | | other similar item through use of a point-of-sale system under |
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| 39 | 39 | | Section 12.703, Parks and Wildlife Code; |
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| 40 | 40 | | (4) a person acting as authorized by Section 109.61, |
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| 41 | 41 | | Alcoholic Beverage Code; |
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| 42 | 42 | | (5) a person establishing the identity of a voter |
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| 43 | 43 | | under Chapter 63, Election Code; |
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| 44 | 44 | | (6) a person acting as authorized by Section 161.0825 |
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| 45 | 45 | | or 486.0141, Health and Safety Code; or |
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| 46 | 46 | | (7) a person screening an individual who will work |
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| 47 | 47 | | with or have access to children if the person is an employee or an |
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| 48 | 48 | | agent of an employee of a public school district or an organization |
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| 49 | 49 | | exempt from federal income tax under Section 501(c)(3), Internal |
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| 50 | 50 | | Revenue Code of 1986, as amended, that sponsors a program for youth. |
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| 51 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2009. |
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