83R545 DDT-F
By: Deshotel H.B. No. 346
A BILL TO BE ENTITLED
AN ACT
relating to the electronic storage of personal identification
information obtained from driver's licenses or personal
identification certificates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.126, Transportation Code, is amended
by amending Subsection (e) and adding Subsection (l) to read as
follows:
(e) The prohibition provided by Subsection (b) [(b)(1)]
does not apply to a financial institution or a business that
accesses or uses electronically readable information or compiles or
maintains a database of that information if:
(1) the information is accessed and used [only] for
purposes of identification verification of an individual or check
verification at the point of sale for a purchase of a good or
service by check;
(2) the information is accessed and used as part of a
transaction initiated by the license or certificate holder to
provide information to a check services company or fraud prevention
services company governed by the Fair Credit Reporting Act (15
U.S.C. Section 1681 et seq.) for the purpose of effecting,
administering, or enforcing the transaction; or
(3) in the case of [. The prohibition provided by
Subsection (b)(2) does not apply to] a financial institution, [if]
each license or certificate holder whose information is included in
the compilation or database consents to the inclusion of the
person's information in the compilation or database[. Consent
under this subsection must be] on a separate document, signed by the
license or certificate holder, that explains in at least 14-point
bold type the information that will be included in the compilation
or database. [For the purposes of this subsection, "financial
institution" has the meaning assigned by 31 U.S.C. Section
5312(a)(2), as amended.]
(l) For the purposes of this section, "financial
institution" has the meaning assigned by 31 U.S.C. Section
5312(a)(2).
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, 2013.