82R2367 VOO-D
By: Kleinschmidt H.B. No. 1051
A BILL TO BE ENTITLED
AN ACT
relating to the collection and use of fingerprints of an applicant
for a driver's license, personal identification certificate, or
commercial driver's license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.088(a), Government Code, is amended
to read as follows:
(a) Except as provided by Section 521.0491(e),
Transportation Code, the [The] department may charge a person that
is not primarily a criminal justice agency a fee for processing
inquiries for criminal history record information. The department
may charge:
(1) a fee of $10 for each inquiry for criminal history
record information on a person that is processed only on the basis
of the person's name, unless the inquiry is submitted
electronically or by magnetic media, in which event the fee is $1;
(2) a fee of $15 for each inquiry for criminal history
record information on a person that is processed on the basis of a
fingerprint comparison search; and
(3) except as provided by Subsection (b), actual costs
for processing all other information inquiries.
SECTION 2. Subchapter C, Chapter 521, Transportation Code,
is amended by adding Section 521.0491 to read as follows:
Sec. 521.0491. FINGERPRINT INFORMATION SUPPLIED TO CERTAIN
GOVERNMENTAL ENTITIES. (a) In this section:
(1) "State agency" means a department, commission,
board, office, council, authority, or other agency in the
executive, legislative, or judicial branch of state government that
is created by the constitution or a statute of this state, including
a university system or institution of higher education, as defined
by Section 61.003, Education Code.
(2) "Written consent" includes consent given by an
electronic signature.
(b) The department shall retain fingerprints provided to
the department by an applicant under Section 521.142(b) or by an
applicant for a personal identification certificate or commercial
driver's license.
(c) With the written consent of the applicant who provided
the fingerprints and on request, the department shall:
(1) provide or make available the applicant's
fingerprints to a state agency for use by the agency in carrying out
its functions; and
(2) use the applicant's fingerprints in another
application under this subtitle submitted by the applicant.
(d) A state agency may use fingerprints provided or made
available to the agency under this section to obtain criminal
history record information to which the agency is entitled under
Subchapter F, Chapter 411, Government Code.
(e) Notwithstanding any other law, the department may not
charge a fee for:
(1) providing, using, or making available the
applicant's fingerprints under Subsection (c); or
(2) processing an inquiry from a state agency for
criminal history record information on the basis of fingerprints
provided or made available under Subsection (c).
(f) Section 503.001, Business & Commerce Code, does not
apply to the maintenance or provision of fingerprints under this
section.
SECTION 3. Section 521.052, Transportation Code, is amended
to read as follows:
Sec. 521.052. DISCLOSURE OF INDIVIDUAL INFORMATION
PROHIBITED. Except as provided by Sections 521.045, 521.046,
521.0475, 521.0491, 521.049(c), and 521.050, and by Chapter 730,
the department may not disclose information from the department's
files that relates to personal information, as that term is defined
by Section 730.003.
SECTION 4. Section 521.142(b), Transportation Code, is
amended to read as follows:
(b) The application must include:
(1) the complete set of fingerprints [the thumbprints]
of the applicant [or, if thumbprints cannot be taken, the index
fingerprints of the applicant];
(2) a photograph of the applicant;
(3) the signature of the applicant; and
(4) a brief description of the applicant.
SECTION 5. Section 730.010, Transportation Code, is amended
to read as follows:
Sec. 730.010. DISCLOSURE OF THUMB OR FINGER IMAGES
PROHIBITED. Notwithstanding any other provision of this chapter,
if an agency obtains an image of an individual's thumb or finger in
connection with the issuance of a license, permit, or certificate
to the individual, the agency may:
(1) use the image only:
(A) in connection with the issuance of the
license, permit, or certificate; [or]
(B) to verify the identity of an individual as
provided by Section 521.059;
(C) as authorized under Section 521.0491; or
(D) for criminal justice purposes; and
(2) disclose the image only if disclosure is expressly
authorized by law.
SECTION 6. The changes in law made by this Act apply only to
an application for a driver's license, personal identification
certificate, or commercial driver's license that is submitted on or
after January 1, 2012. An application submitted before January 1,
2012, is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 7. This Act takes effect September 1, 2011.