Texas 2021 - 87th Regular

Texas Senate Bill SB1001 Compare Versions

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

Old	New	Differences
1	1	87R1715 YDB-F
2	2	By: Hughes S.B. No. 1001
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the capture and retention of biometric identifiers by
8	8	governmental entities; providing civil penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 560.001, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 560.001. DEFINITIONS. In this chapter:
13	13	(1) "Biometric identifier" means an ear, [a] retina,
14	14	or iris scan, a fingerprint, a voiceprint, or a record of an
15	15	individual's hand or face geometry, heartbeat, gait, or vascular
16	16	pattern.
17	17	(2) "Governmental entity" means this state or an
18	18	agency or political subdivision of this state [body" has the
19	19	meaning assigned by Section 552.003, except that the term includes
20	20	each entity within or created by the judicial branch of state
21	21	government].
22	22	SECTION 2. Chapter 560, Government Code, is amended by
23	23	adding Section 560.0015 to read as follows:
24	24	Sec. 560.0015. CAPTURE OF BIOMETRIC IDENTIFIER.
25	25	(a) Except as provided by Subsection (b), a governmental entity
26	26	may not capture an individual's biometric identifier without the
27	27	individual's voluntary consent. Except as provided by Subsection
28	28	(c), a governmental entity may not retain or use an individual's
29	29	biometric identifier that is captured using a photograph, video
30	30	recording, or audio recording of the individual.
31	31	(b) A governmental entity may capture an individual's
32	32	biometric identifier without the individual's consent if the
33	33	capture:
34	34	(1) occurs at a location not more than 10 miles from an
35	35	international border;
36	36	(2) is authorized under a warrant;
37	37	(3) occurs during the investigation of an alleged
38	38	crime and the biometric identifier is:
39	39	(A) a fingerprint; or
40	40	(B) from an individual who is arrested for,
41	41	charged with, or convicted of the crime;
42	42	(4) is a fingerprint, heartbeat, or vascular pattern
43	43	captured by a health care provider or health care facility that
44	44	captures, possesses, or requires the biometric identifier while
45	45	providing health care services to the individual on the request of
46	46	the governmental entity; or
47	47	(5) is required for use under Section 521.059,
48	48	Transportation Code.
49	49	(c) A governmental entity may retain and use an individual's
50	50	biometric identifier that is captured using a photograph, video
51	51	recording, or audio recording of the individual if:
52	52	(1) the photograph or recording is captured in
53	53	relation to a time, place, or event connected to a criminal
54	54	investigation; and
55	55	(2) the governmental entity destroys the record of the
56	56	biometric identifier on completion of the entity's use of the
57	57	biometric identifier for:
58	58	(A) the criminal investigation; or
59	59	(B) the trial or appeal of the prosecution of an
60	60	alleged crime charged as a result of the investigation.
61	61	SECTION 3. Section 560.002, Government Code, is amended to
62	62	read as follows:
63	63	Sec. 560.002. DISCLOSURE OF BIOMETRIC IDENTIFIER. A
64	64	governmental entity [body] that possesses a biometric identifier of
65	65	an individual:
66	66	(1) may not sell, lease, or otherwise disclose the
67	67	biometric identifier to another person unless:
68	68	(A) the individual consents to the disclosure;
69	69	(B) the disclosure is required or permitted by a
70	70	federal statute or by a state statute other than Chapter 552; or
71	71	(C) the disclosure is made by or to a law
72	72	enforcement agency for a law enforcement purpose; and
73	73	(2) shall store, transmit, and protect from disclosure
74	74	the biometric identifier using reasonable care and in a manner that
75	75	is the same as or more protective than the manner in which the
76	76	governmental entity [body] stores, transmits, and protects its
77	77	other confidential information.
78	78	SECTION 4. Chapter 560, Government Code, is amended by
79	79	adding Section 560.0025 to read as follows:
80	80	Sec. 560.0025. DESTRUCTION AFTER ACQUITTAL OR DISMISSAL OF
81	81	CRIMINAL CHARGE. A governmental entity that captures an
82	82	individual's biometric identifier based on an exception under
83	83	Section 560.0015(b)(2) or (3) shall destroy all records of the
84	84	biometric identifier if the biometric identifier was collected:
85	85	(1) under a warrant issued in the investigation of an
86	86	alleged crime and charges against the individual are not filed; or
87	87	(2) exclusively in connection with the investigation
88	88	of a crime for which:
89	89	(A) the individual was subsequently acquitted;
90	90	or
91	91	(B) all charges against the individual resulting
92	92	from the investigation are dismissed.
93	93	SECTION 5. Section 560.003, Government Code, is amended to
94	94	read as follows:
95	95	Sec. 560.003. APPLICATION OF CHAPTER 552. A biometric
96	96	identifier in the possession of a governmental entity [body] is
97	97	exempt from disclosure under Chapter 552.
98	98	SECTION 6. Chapter 560, Government Code, is amended by
99	99	adding Sections 560.004 and 560.005 to read as follows:
100	100	Sec. 560.004. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
101	101	attorney general may institute an action for injunctive relief
102	102	against a person who appears to be in violation of or is threatening
103	103	to violate this chapter.
104	104	(b) In an injunction issued under this section, a court may
105	105	include reasonable requirements to prevent further violations of
106	106	this chapter.
107	107	(c) In addition to the injunctive relief provided by
108	108	Subsection (a), the attorney general may institute an action for
109	109	civil penalties against a person for a violation of this chapter. A
110	110	civil penalty assessed under this section may not be less than
111	111	$1,000 for each violation.
112	112	(d) Each day a violation occurs or continues to occur is a
113	113	separate violation.
114	114	(e) The attorney general shall file an action under this
115	115	section in a district court in Travis County or the county in which
116	116	the violation occurred.
117	117	(f) The attorney general may recover reasonable expenses
118	118	incurred in obtaining injunctive relief or a civil penalty under
119	119	this section, including court costs, attorney's fees,
120	120	investigative costs, witness fees, and deposition expenses.
121	121	(g) A civil penalty recovered in an action by the attorney
122	122	general under this section shall be deposited in the state
123	123	treasury.
124	124	Sec. 560.005. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY.
125	125	Sovereign or governmental immunity, as applicable, of a
126	126	governmental entity to suit and from liability is waived and
127	127	abolished to the extent of liability created by this chapter.
128	128	SECTION 7. The changes in law made by this Act apply only to
129	129	a biometric identifier, as that term is defined by Section 560.001,
130	130	Government Code, as amended by this Act, that is captured on or
131	131	after the effective date of this Act. A biometric identifier that
132	132	was captured before that date is governed by the law in effect on
133	133	the date the biometric identifier was captured, and that law is
134	134	continued in effect for that purpose.
135	135	SECTION 8. This Act takes effect September 1, 2021.