| 1 | 1 | | 82R7598 JSC-F |
|---|
| 2 | 2 | | By: Deshotel H.B. No. 1391 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to persons authorized to access or use electronically |
|---|
| 8 | 8 | | readable information derived from a driver's license, commercial |
|---|
| 9 | 9 | | driver's license, or personal identification certificate. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 521.126(d), Transportation Code, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | (d) The prohibition provided by Subsection (b) does not |
|---|
| 14 | 14 | | apply to a person who accesses, uses, compiles, or maintains a |
|---|
| 15 | 15 | | database of the information for a law enforcement or governmental |
|---|
| 16 | 16 | | purpose, including: |
|---|
| 17 | 17 | | (1) an officer or employee of the department carrying |
|---|
| 18 | 18 | | out law enforcement or government purposes; |
|---|
| 19 | 19 | | (2) a peace officer, as defined by Article 2.12, Code |
|---|
| 20 | 20 | | of Criminal Procedure, acting in the officer's official capacity; |
|---|
| 21 | 21 | | (3) a license deputy, as defined by Section 12.702, |
|---|
| 22 | 22 | | Parks and Wildlife Code, issuing a license, stamp, tag, permit, or |
|---|
| 23 | 23 | | other similar item through use of a point-of-sale system under |
|---|
| 24 | 24 | | Section 12.703, Parks and Wildlife Code; |
|---|
| 25 | 25 | | (4) a person acting as authorized by Section 109.61, |
|---|
| 26 | 26 | | Alcoholic Beverage Code; |
|---|
| 27 | 27 | | (5) a person establishing the identity of a voter |
|---|
| 28 | 28 | | under Chapter 63, Election Code; |
|---|
| 29 | 29 | | (6) a person acting as authorized by Section 161.0825, |
|---|
| 30 | 30 | | Health and Safety Code; [or] |
|---|
| 31 | 31 | | (7) a person screening an individual who will work |
|---|
| 32 | 32 | | with or have access to children if the person is an employee or an |
|---|
| 33 | 33 | | agent of an employee of a public school district or an organization |
|---|
| 34 | 34 | | exempt from federal income tax under Section 501(c)(3), Internal |
|---|
| 35 | 35 | | Revenue Code of 1986, as amended, that sponsors a program for youth; |
|---|
| 36 | 36 | | or |
|---|
| 37 | 37 | | (8) a person who possesses a certificate issued by the |
|---|
| 38 | 38 | | department under Section 724.016 or who is otherwise authorized to |
|---|
| 39 | 39 | | take or analyze a breath specimen under Chapter 724 or other law. |
|---|
| 40 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 44 | 44 | | Act takes effect September 1, 2011. |
|---|