H.B. No. 3492
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) "Biometric information" means a retina or iris
scan, digital or electronic fingerprint scan, voiceprint, or record
of hand or face geometry.
(2) "Electronic storage" has the meaning assigned by
Section 205.001.
(3) "Ex officio service" has the meaning assigned by
Section 118.023.
(4) "Identifying information" means information in
any form, other than biometric information, that may be used to
identify an individual. The term includes 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.
(5) "Public service" means a service related to an
official governmental power, duty, program, or activity. The term
does not include an incidental service provided only as a courtesy
to a member of the public.
(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) Except as otherwise required or authorized by law, a
county clerk or district clerk may not:
(1) refuse to file or record a document or other
instrument or refuse to provide a public service on the ground that
an individual described by Subsection (b) does not have or refuses
to provide identifying information; or
(2) 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 related 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3492 was passed by the House on May 4,
2017, by the following vote: Yeas 140, Nays 3, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3492 was passed by the Senate on May
24, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor