Texas 2019 - 86th Regular

Texas Senate Bill SB1051 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Hughes S.B. No. 1051
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the capture and retention of certain biometric
7	7	identifiers by certain governmental entities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 560.001, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 560.001. DEFINITIONS. In this chapter:
12	12	(1) "Biometric identifier" means an ear, [a] retina,
13	13	or iris scan, a fingerprint, a voiceprint, or a record of an
14	14	individual's hand or face geometry, heartbeat, gait, or vascular
15	15	pattern.
16	16	(2) "Governmental entity" means this state or an
17	17	agency or political subdivision of this state [body" has the
18	18	meaning assigned by Section 552.003, except that the term includes
19	19	each entity within or created by the judicial branch of state
20	20	government].
21	21	SECTION 2. Chapter 560, Government Code, is amended by
22	22	adding Section 560.0015 to read as follows:
23	23	Sec. 560.0015. CAPTURE OF BIOMETRIC IDENTIFIER.
24	24	(a) Except as provided by Subsection (b), a governmental entity
25	25	may not capture an individual's biometric identifier without the
26	26	individual's voluntary consent. Except as provided by Subsection
27	27	(c), a governmental entity may not capture, retain, or use an
28	28	individual's biometric identifier that is captured using a
29	29	photograph, video recording, or audio recording of the individual.
30	30	(b) A governmental entity may capture an individual's
31	31	biometric identifier without the individual's consent if the
32	32	capture:
33	33	(1) occurs at a location not more than 10 miles from an
34	34	international border;
35	35	(2) is authorized under a warrant;
36	36	(3) occurs during the investigation of an alleged
37	37	crime and the biometric identifier is:
38	38	(A) a fingerprint; or
39	39	(B) from an individual who is arrested for,
40	40	charged with, or convicted of the crime;
41	41	(4) is a fingerprint, heartbeat, or vascular pattern
42	42	captured by a health care provider or health care facility that
43	43	captures, possesses, or requires the biometric identifier while
44	44	providing health care services to the individual; or
45	45	(5) is required for use under Section 521.059
46	46	Transportation Code.
47	47	(c) A governmental entity may capture, retain, and use an
48	48	individual's biometric identifier that is captured using a
49	49	photograph, video recording, or audio recording of the individual
50	50	if:
51	51	(1) the photograph or recording is captured in
52	52	relation to a time, place, or event connected to a criminal
53	53	investigation; and
54	54	(2) the governmental entity destroys the record of the
55	55	biometric identifier on completion of the entity's use of the
56	56	biometric identifier for:
57	57	(A) the criminal investigation; or
58	58	(B) the trial or appeal of the prosecution of an
59	59	alleged crime charged as a result of the investigation.
60	60	SECTION 3. Section 560.002, Government Code, is amended to
61	61	read as follows:
62	62	Sec. 560.002. DISCLOSURE OF BIOMETRIC IDENTIFIER. A
63	63	governmental entity [body] that possesses a biometric identifier of
64	64	an individual:
65	65	(1) may not sell, lease, or otherwise disclose the
66	66	biometric identifier to another person unless:
67	67	(A) the individual consents to the disclosure;
68	68	(B) the disclosure is required or permitted by a
69	69	federal statute or by a state statute other than Chapter 552; or
70	70	(C) the disclosure is made by or to a law
71	71	enforcement agency for a law enforcement purpose; and
72	72	(2) shall store, transmit, and protect from disclosure
73	73	the biometric identifier using reasonable care and in a manner that
74	74	is the same as or more protective than the manner in which the
75	75	governmental entity [body] stores, transmits, and protects its
76	76	other confidential information.
77	77	SECTION 4. Chapter 560, Government Code, is amended by
78	78	adding Section 560.0025 to read as follows:
79	79	Sec. 560.0025. DESTRUCTION AFTER ACQUITTAL OR DISMISSAL OF
80	80	CRIMINAL CHARGE. A governmental entity that captures an
81	81	individual's biometric identifier based on an exception under
82	82	Section 560.0015(b)(2) or (3) shall destroy all records of the
83	83	biometric identifier if the biometric identifier was collected:
84	84	(1) under a warrant issued in the investigation of an
85	85	alleged crime and charges against the individual are not filed; or
86	86	(2) exclusively in connection with the investigation
87	87	of a crime for which:
88	88	(A) the individual was subsequently acquitted;
89	89	or
90	90	(B) all charges against the individual resulting
91	91	from the investigation are dismissed.
92	92	SECTION 5. Section 560.003, Government Code, is amended to
93	93	read as follows:
94	94	Sec. 560.003. APPLICATION OF CHAPTER 552. A biometric
95	95	identifier in the possession of a governmental entity [body] is
96	96	exempt from disclosure under Chapter 552.
97	97	SECTION 6. Chapter 560, Government Code, is amended by
98	98	adding Sections 560.004 and 560.005 to read as follows:
99	99	Sec. 560.004. INJUNCTIVE RELIEF; DAMAGES. (a) Any person
100	100	may institute an action for injunctive relief against a
101	101	governmental entity that appears to have captured that person's
102	102	biometric identifier in violation of this chapter.
103	103	(b) In an injunction issued under this section, a court may
104	104	include reasonable requirements to prevent further violations of
105	105	this chapter.
106	106	(c) In addition to the injunctive relief provided by
107	107	Subsection (a), the person may recover damages against a
108	108	governmental entity for each violation of this chapter against that
109	109	person. The person must show that a violation has occurred by a
110	110	preponderance of the evidence. Damages may not exceed $1,000 for
111	111	each violation.
112	112	(d) Each day a violation occurs or continues to occur is a
113	113	separate violation.
114	114	(e) A person may recover reasonable expenses incurred in
115	115	obtaining injunctive relief or damages under this section,
116	116	including court costs, attorney's fees, investigative costs,
117	117	witness fees, and deposition expenses.
118	118	Sec. 560.005. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY.
119	119	Sovereign or governmental immunity, as applicable, of a
120	120	governmental entity to suit and from liability is waived and
121	121	abolished to the extent of liability created by this chapter.
122	122	SECTION 7. The changes in law made by this Act apply only to
123	123	a biometric identifier, as that term is defined by Section 560.001,
124	124	Government Code, as amended by this Act, that is captured on or
125	125	after the effective date of this Act. A biometric identifier that
126	126	was captured before that date is governed by the law in effect on
127	127	the date the biometric identifier was captured, and that law is
128	128	continued in effect for that purpose.
129	129	SECTION 8. This Act takes effect September 1, 2019.