85R11102 TJB-F
By: Elkins H.B. No. 3492
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain county and district clerks to
obtain and retain information that identifies a person filing a
document or requesting services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 191, Local Government Code, is amended
by adding Section 191.011 to read as follows:
Sec. 191.011. AUTHORITY OF CLERKS TO OBTAIN AND RETAIN
IDENTIFYING INFORMATION IN CERTAIN COUNTIES. (a) In this section:
(1) "Electronic storage" has the meaning assigned by
Section 205.001.
(2) "Ex officio service" has the meaning assigned by
Section 118.023.
(3) "Identifying information" means information in
any form that may be used to identify an individual, including
information derived from:
(A) a driver's license, personal identification
card, or other document, regardless of the intended use of the
document;
(B) a photograph;
(C) a recording of the individual's image or
voice, including a video or audio recording; or
(D) any other physical or electronic source.
(b) A county clerk or district clerk in a county with a
population of 3.3 million or more may copy or record identifying
information, including a document on which the information is
viewable, regarding an individual who:
(1) presents a document or other instrument for filing
or recording to the county clerk or district clerk; or
(2) requests or obtains an ex officio service or other
public service provided by the county clerk or district clerk.
(c) A county clerk or district clerk may maintain
identifying information copied or recorded under this section in an
electronic storage format.
(d) A county clerk or district clerk may not charge a fee to
copy or record identifying information.
(e) Identifying information copied or recorded under this
section is confidential except for use in a criminal investigation
or prosecution or a civil court proceeding.
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, 2017.