Texas 2017 - 85th Regular

Texas House Bill HB3491 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~85R24121~~ YDB-D
	1	+	85R1110 YDB-D
2	2		By: Meyer H.B. No. 3491
3		-	Substitute the following for H.B. No. 3491:
4		-	By: Elkins C.S.H.B. No. 3491
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to limitations on the use of a biometric identifier by a
10	8		governmental body.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 560.001(1), Government Code, is amended
13	11		to read as follows:
14	12		(1) "Biometric identifier" means any measurement of
15	13		the human body or its movement that is used to attempt to uniquely
16	14		identify or authenticate the identity of a person, including a
17	15		blood sample, hair sample, skin sample, DNA sample, body scan,
18	16		retina or iris scan, fingerprint, voiceprint, or record of hand or
19	17		face geometry.
20	18		SECTION 2. Chapter 560, Government Code, is amended by
21	19		adding Section 560.0015 to read as follows:
22		-	Sec. 560.0015. STATUTORY AUTHORITY REQUIRED. A
	20	+	Sec. 560.0015. STATUTORY AUTHORITY REQUIRED. (a) A
23	21		governmental body may not capture or possess a biometric identifier
24	22		of an individual or require a biometric identifier as a
25	23		prerequisite for providing a governmental service to the individual
26		-	unless the governmental body:
27		-	(1) ~~has~~ specific, explicit statutory authority that:
	24	+	unless the governmental body has:
	25	+	(1) specific, explicit statutory authority that:
28	26		(A) allows the governmental body to:
29	27		(i) capture or possess the individual's
30	28		biometric identifier; or
31	29		(ii) require a biometric identifier as a
32	30		prerequisite for providing a governmental service to the
33	31		individual; or
34	32		(B) allows the governmental body to require and
35	33		obtain the written consent of the individual or the individual's
36	34		legal guardian before:
37	35		(i) capturing or possessing the
38	36		individual's biometric identifier; or
39	37		(ii) requiring a biometric identifier as a
40	38		prerequisite for providing a governmental service to the
41		-	individual;
42		-	(2) obtains the voluntary, written consent of the
43		-	individual or the individual's legal guardian;
44		-	(3) is a health care provider or health care facility
45		-	that captures, possesses, or requires the biometric identifier
46		-	while providing health care services to the individual; or
47		-	(4) is a criminal justice agency, as defined by
48		-	Article 60.01, Code of Criminal Procedure, that captures,
49		-	possesses, or requires the biometric identifier while engaged in
50		-	the administration of criminal justice, as defined by that article.
	39	+	individual; or
	40	+	(2) the voluntary, written consent of the individual
	41	+	or the individual's legal guardian.
	42	+	(b) For purposes of Subsection (a), Subchapter B, Chapter
	43	+	33, Health and Safety Code, is specific, explicit statutory
	44	+	authority under Subsection (a)(1)(A)(i) to capture or possess an
	45	+	individual's biometric identifier in the conduct of newborn
	46	+	screening as provided by that subchapter.
51	47		SECTION 3. Section 560.0015, Government Code, as added by
52	48		this Act, applies only to a biometric identifier captured or
53	49		requested on or after the effective date of this Act. A biometric
54	50		identifier captured or requested before that date is governed by
55	51		the law in effect immediately before the effective date of this Act,
56	52		and that law is continued in effect for that purpose.
57	53		SECTION 4. This Act takes effect September 1, 2017.