| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the authority of certain county and district clerks to |
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| 6 | 12 | | obtain and retain information that identifies a person filing a |
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| 7 | 13 | | document or requesting services. |
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| 8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 15 | | SECTION 1. Chapter 191, Local Government Code, is amended |
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| 10 | 16 | | by adding Section 191.011 to read as follows: |
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| 11 | 17 | | Sec. 191.011. AUTHORITY OF CLERKS TO OBTAIN AND RETAIN |
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| 12 | 18 | | IDENTIFYING INFORMATION IN CERTAIN COUNTIES. (a) In this section: |
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| 13 | 19 | | (1) "Biometric information" means a retina or iris |
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| 14 | 20 | | scan, digital or electronic fingerprint scan, voiceprint, or record |
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| 15 | 21 | | of hand or face geometry. |
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| 16 | 22 | | (2) "Electronic storage" has the meaning assigned by |
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| 17 | 23 | | Section 205.001. |
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| 18 | 24 | | (3) "Ex officio service" has the meaning assigned by |
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| 19 | 25 | | Section 118.023. |
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| 20 | 26 | | (4) "Identifying information" means information in |
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| 21 | 27 | | any form, other than biometric information, that may be used to |
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| 22 | 28 | | identify an individual. The term includes information derived |
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| 23 | 29 | | from: |
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| 24 | 30 | | (A) a driver's license, personal identification |
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| 25 | 31 | | card, or other document, regardless of the intended use of the |
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| 26 | 32 | | document; |
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| 27 | 33 | | (B) a photograph; |
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| 28 | 34 | | (C) a recording of the individual's image or |
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| 29 | 35 | | voice, including a video or audio recording; or |
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| 30 | 36 | | (D) any other physical or electronic source. |
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| 31 | 37 | | (5) "Public service" means a service related to an |
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| 32 | 38 | | official governmental power, duty, program, or activity. The term |
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| 33 | 39 | | does not include an incidental service provided only as a courtesy |
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| 34 | 40 | | to a member of the public. |
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| 35 | 41 | | (b) A county clerk or district clerk in a county with a |
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| 36 | 42 | | population of 3.3 million or more may copy or record identifying |
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| 37 | 43 | | information, including a document on which the information is |
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| 38 | 44 | | viewable, regarding an individual who: |
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| 39 | 45 | | (1) presents a document or other instrument for filing |
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| 40 | 46 | | or recording to the county clerk or district clerk; or |
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| 41 | 47 | | (2) requests or obtains an ex officio service or other |
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| 42 | 48 | | public service provided by the county clerk or district clerk. |
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| 43 | 49 | | (c) A county clerk or district clerk may maintain |
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| 44 | 50 | | identifying information copied or recorded under this section in an |
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| 45 | 51 | | electronic storage format. |
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| 46 | 52 | | (d) Except as otherwise required or authorized by law, a |
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| 47 | 53 | | county clerk or district clerk may not: |
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| 48 | 54 | | (1) refuse to file or record a document or other |
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| 49 | 55 | | instrument or refuse to provide a public service on the ground that |
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| 50 | 56 | | an individual described by Subsection (b) does not have or refuses |
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| 51 | 57 | | to provide identifying information; or |
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| 52 | 58 | | (2) charge a fee to copy or record identifying |
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| 53 | 59 | | information. |
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| 54 | 60 | | (e) Identifying information copied or recorded under this |
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| 55 | 61 | | section is confidential except for use in a criminal investigation |
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| 56 | 62 | | or prosecution or a related civil court proceeding. |
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| 57 | 63 | | SECTION 2. This Act takes effect immediately if it receives |
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| 58 | 64 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 66 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 67 | | Act takes effect September 1, 2017. |
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| 62 | | - | ______________________________ ______________________________ |
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| 63 | | - | President of the Senate Speaker of the House |
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| 64 | | - | I certify that H.B. No. 3492 was passed by the House on May 4, |
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| 65 | | - | 2017, by the following vote: Yeas 140, Nays 3, 2 present, not |
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| 66 | | - | voting. |
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| 67 | | - | ______________________________ |
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| 68 | | - | Chief Clerk of the House |
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| 69 | | - | I certify that H.B. No. 3492 was passed by the Senate on May |
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| 70 | | - | 24, 2017, by the following vote: Yeas 31, Nays 0. |
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| 71 | | - | ______________________________ |
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| 72 | | - | Secretary of the Senate |
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| 73 | | - | APPROVED: _____________________ |
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| 74 | | - | Date |
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| 75 | | - | _____________________ |
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| 76 | | - | Governor |
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| 68 | + | * * * * * |
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