85R24121 YDB-D
By: Meyer H.B. No. 3491
Substitute the following for H.B. No. 3491:
By: Elkins C.S.H.B. No. 3491
A BILL TO BE ENTITLED
AN ACT
relating to limitations on the use 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 any measurement of
the human body or its movement that is used to attempt to uniquely
identify or authenticate the identity of a person, including 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 or require a biometric identifier as a
prerequisite for providing a governmental service to the individual
unless the governmental body:
(1) has specific, explicit statutory authority that:
(A) allows the governmental body to:
(i) capture or possess the individual's
biometric identifier; or
(ii) require a biometric identifier as a
prerequisite for providing a governmental service to the
individual; or
(B) allows the governmental body to require and
obtain the written consent of the individual or the individual's
legal guardian before:
(i) capturing or possessing the
individual's biometric identifier; or
(ii) requiring a biometric identifier as a
prerequisite for providing a governmental service to the
individual;
(2) obtains the voluntary, written consent of the
individual or the individual's legal guardian;
(3) is a health care provider or health care facility
that captures, possesses, or requires the biometric identifier
while providing health care services to the individual; or
(4) is a criminal justice agency, as defined by
Article 60.01, Code of Criminal Procedure, that captures,
possesses, or requires the biometric identifier while engaged in
the administration of criminal justice, as defined by that article.
SECTION 3. Section 560.0015, Government Code, as added by
this Act, applies only to a biometric identifier captured or
requested on or after the effective date of this Act. A biometric
identifier captured or requested 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, 2017.