82R7598 JSC-F
By: Deshotel H.B. No. 1391
A BILL TO BE ENTITLED
AN ACT
relating to persons authorized to access or use electronically
readable information derived from a driver's license, commercial
driver's license, or personal identification certificate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.126(d), Transportation Code, is
amended to read as follows:
(d) The prohibition provided by Subsection (b) does not
apply to a person who accesses, uses, compiles, or maintains a
database of the information for a law enforcement or governmental
purpose, including:
(1) an officer or employee of the department carrying
out law enforcement or government purposes;
(2) a peace officer, as defined by Article 2.12, Code
of Criminal Procedure, acting in the officer's official capacity;
(3) a license deputy, as defined by Section 12.702,
Parks and Wildlife Code, issuing a license, stamp, tag, permit, or
other similar item through use of a point-of-sale system under
Section 12.703, Parks and Wildlife Code;
(4) a person acting as authorized by Section 109.61,
Alcoholic Beverage Code;
(5) a person establishing the identity of a voter
under Chapter 63, Election Code;
(6) a person acting as authorized by Section 161.0825,
Health and Safety Code; [or]
(7) a person screening an individual who will work
with or have access to children if the person is an employee or an
agent of an employee of a public school district or an organization
exempt from federal income tax under Section 501(c)(3), Internal
Revenue Code of 1986, as amended, that sponsors a program for youth;
or
(8) a person who possesses a certificate issued by the
department under Section 724.016 or who is otherwise authorized to
take or analyze a breath specimen under Chapter 724 or other law.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.