| 1 | 1 | | 82R6076 JXC-F |
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| 2 | 2 | | By: Deshotel H.B. No. 2990 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the electronic storage of personal identification |
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| 8 | 8 | | information obtained from driver's licenses or personal |
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| 9 | 9 | | identification certificates. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 521.126, Transportation Code, is amended |
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| 12 | 12 | | by amending Subsection (e) and adding Subsection (l) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (e) The prohibition provided by Subsection (b) [(b)(1)] |
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| 15 | 15 | | does not apply to a financial institution or a business that |
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| 16 | 16 | | accesses or uses electronically readable information or compiles or |
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| 17 | 17 | | maintains a database of that information if: |
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| 18 | 18 | | (1) the information is accessed and used [only] for |
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| 19 | 19 | | purposes of identification verification of an individual or check |
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| 20 | 20 | | verification at the point of sale for a purchase of a good or |
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| 21 | 21 | | service by check; |
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| 22 | 22 | | (2) the information is accessed and used as part of a |
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| 23 | 23 | | transaction initiated by the license or certificate holder to |
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| 24 | 24 | | provide information to a check services company or fraud prevention |
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| 25 | 25 | | services company governed by the Fair Credit Reporting Act (15 |
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| 26 | 26 | | U.S.C. Section 1681 et seq.) for the purpose of effecting, |
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| 27 | 27 | | administering, or enforcing the transaction; or |
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| 28 | 28 | | (3) in the case of [. The prohibition provided by |
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| 29 | 29 | | Subsection (b)(2) does not apply to] a financial institution, [if] |
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| 30 | 30 | | each license or certificate holder whose information is included in |
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| 31 | 31 | | the compilation or database consents to the inclusion of the |
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| 32 | 32 | | person's information in the compilation or database[. Consent |
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| 33 | 33 | | under this subsection must be] on a separate document, signed by the |
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| 34 | 34 | | license or certificate holder, that explains in at least 14-point |
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| 35 | 35 | | bold type the information that will be included in the compilation |
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| 36 | 36 | | or database. [For the purposes of this subsection, "financial |
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| 37 | 37 | | institution" has the meaning assigned by 31 U.S.C. Section |
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| 38 | 38 | | 5312(a)(2), as amended.] |
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| 39 | 39 | | (l) For the purposes of this section, "financial |
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| 40 | 40 | | institution" has the meaning assigned by 31 U.S.C. Section |
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| 41 | 41 | | 5312(a)(2). |
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| 42 | 42 | | SECTION 2. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2011. |
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