84R9292 YDB-D
By: Laubenberg H.B. No. 1983
A BILL TO BE ENTITLED
AN ACT
relating to limitations on the capture or possession of a biometric
identifier by a governmental body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 560.001(1), Government Code, is amended
to read as follows:
(1) "Biometric identifier" means a blood sample, hair
sample, skin sample, DNA sample, body scan, retina or iris scan,
fingerprint, voiceprint, or record of hand or face geometry.
SECTION 2. Chapter 560, Government Code, is amended by
adding Section 560.0015 to read as follows:
Sec. 560.0015. STATUTORY AUTHORITY REQUIRED. A
governmental body may not capture or possess a biometric identifier
of an individual unless the governmental body has:
(1) specific, explicit statutory authority to capture
or possess the individual's biometric identifier; or
(2) the written consent of the individual or the
individual's legal guardian.
SECTION 3. Section 560.0015, Government Code, as added by
this Act, applies only to a biometric identifier captured on or
after the effective date of this Act. A biometric identifier
captured before that date is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.