Texas 2021 - 87th Regular

Texas Senate Bill SB1952 Compare Versions

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

Old	New	Differences
1	1	87R9168 YDB/JSC-D
2	2	By: Paxton S.B. No. 1952
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the capture and use of an individual's biometric
8	8	identifiers, specimen, or genetic information by a governmental
9	9	body or peace officer or by a person for commercial purposes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Title 11, Business & Commerce
12	12	Code, is amended to read as follows:
13	13	TITLE 11. PERSONAL [IDENTITY] INFORMATION
14	14	SECTION 2. The heading to Subtitle A, Title 11, Business &
15	15	Commerce Code, is amended to read as follows:
16	16	SUBTITLE A. IDENTIFYING AND OTHER PERSONAL INFORMATION
17	17	SECTION 3. The heading to Chapter 503, Business & Commerce
18	18	Code, is amended to read as follows:
19	19	CHAPTER 503. BIOMETRIC IDENTIFIERS AND COLLECTION OF SPECIMEN FROM
20	20	INDIVIDUALS FOR DIAGNOSTIC PURPOSES
21	21	SECTION 4. The heading to Section 503.001, Business &
22	22	Commerce Code, is amended to read as follows:
23	23	Sec. 503.001. CAPTURE OR USE OF BIOMETRIC IDENTIFIER;
24	24	COLLECTION OR USE OF SPECIMEN.
25	25	SECTION 5. Section 503.001, Business & Commerce Code, is
26	26	amended by amending Subsections (a), (b), and (c) and adding
27	27	Subsections (c-3) and (c-4) to read as follows:
28	28	(a) In this section:
29	29	(1) "Biometric[, "biometric] identifier" means a
30	30	retina or iris scan, fingerprint, voiceprint, or record of hand or
31	31	face geometry.
32	32	(2) "Specimen" means a sample of an individual's
33	33	blood, urine, or other bodily fluid or tissue taken for scientific
34	34	analysis to detect or diagnose a disease.
35	35	(b) A person may not capture a biometric identifier of or
36	36	collect a specimen from an individual for a commercial purpose
37	37	unless the person:
38	38	(1) informs the individual before capturing the
39	39	biometric identifier or collecting the specimen; and
40	40	(2) receives the individual's consent to capture the
41	41	biometric identifier or collect the specimen.
42	42	(c) A person who possesses a biometric identifier or
43	43	specimen of an individual that is captured or collected for a
44	44	commercial purpose:
45	45	(1) may not sell, lease, or otherwise disclose the
46	46	biometric identifier or specimen test results to another person
47	47	unless:
48	48	(A) the individual consents to the disclosure for
49	49	identification purposes in the event of the individual's
50	50	disappearance or death;
51	51	(B) the disclosure of a biometric identifier
52	52	completes a financial transaction that the individual requested or
53	53	authorized;
54	54	(C) the disclosure is required or permitted by a
55	55	federal statute or by a state statute other than Chapter 552,
56	56	Government Code; or
57	57	(D) the disclosure is made by or to a law
58	58	enforcement agency for a law enforcement purpose in response to a
59	59	warrant;
60	60	(2) shall store, transmit, and protect from disclosure
61	61	the biometric identifier or specimen test results using reasonable
62	62	care and in a manner that is the same as or more protective than the
63	63	manner in which the person stores, transmits, and protects any
64	64	other confidential information the person possesses; and
65	65	(3) shall destroy the biometric identifier or specimen
66	66	within a reasonable time, but not later than the first anniversary
67	67	of the date the purpose for collecting the identifier or specimen
68	68	expires, except as provided by Subsection (c-1).
69	69	(c-3) A person who captures a biometric identifier of or
70	70	collects a specimen from an individual for a commercial purpose
71	71	shall provide to the individual information on:
72	72	(1) the type of technology or scientific testing to be
73	73	used on the identifier or specimen;
74	74	(2) the purpose of and method for capturing or
75	75	collecting the identifier or specimen; and
76	76	(3) the method for storing data related to the
77	77	captured or collected identifier or specimen.
78	78	(c-4) A person who collects a specimen from an individual to
79	79	test for a specific disease may not use or analyze the specimen for
80	80	a purpose unrelated to the test unless the individual consents to
81	81	the use for another purpose.
82	82	SECTION 6. Chapter 18, Code of Criminal Procedure, is
83	83	amended by adding Article 18.25 to read as follows:
84	84	Art. 18.25. WARRANTS FOR GENETIC INFORMATION FROM CERTAIN
85	85	BUSINESSES. (a) This article applies to a business that collects
86	86	and analyzes genetic information to provide information about an
87	87	individual's genetic traits or biological relationships.
88	88	(b) A peace officer may require a business described by
89	89	Subsection (a) to provide the genetic information of a customer of
90	90	the business by obtaining a warrant under this chapter or by
91	91	obtaining the consent of the customer.
92	92	(c) A peace officer who obtains a warrant with respect to
93	93	genetic information held by a business described by Subsection (a)
94	94	may apply to the court issuing the warrant for an order commanding
95	95	the business to whom the warrant is directed not to disclose to any
96	96	person the existence of the warrant. The order is effective for the
97	97	period the court considers appropriate. The court shall enter the
98	98	order under this subsection if the court determines that there is
99	99	reason to believe that notification of the existence of the warrant
100	100	will lead to an adverse result, including:
101	101	(1) endangering the life or physical safety of an
102	102	individual;
103	103	(2) flight from prosecution;
104	104	(3) destruction of or tampering with evidence;
105	105	(4) intimidation of a potential witness; or
106	106	(5) otherwise seriously jeopardizing an investigation
107	107	or unduly delaying a trial.
108	108	(d) Unless an order is issued under Subsection (c), the
109	109	peace officer who executes a warrant for a customer's genetic
110	110	information shall notify the customer whose genetic information is
111	111	the subject of the warrant of the existence of the warrant.
112	112	SECTION 7. The heading to Chapter 560, Government Code, is
113	113	amended to read as follows:
114	114	CHAPTER 560. BIOMETRIC IDENTIFIER AND GENETIC INFORMATION
115	115	SECTION 8. Section 560.001, Government Code, is amended by
116	116	amending Subdivision (1) and adding Subdivisions (3) and (4) to
117	117	read as follows:
118	118	(1) "Biometric identifier" means any measurement of
119	119	the human body or its movement that is used to attempt to uniquely
120	120	identify or authenticate the identity of a person, including a
121	121	blood sample, hair sample, skin sample, body scan, retina or iris
122	122	scan, fingerprint, voiceprint, or record of hand or face geometry.
123	123	(3) "Genetic information" means information that is:
124	124	(A) obtained from or based on a scientific or
125	125	medical determination of the presence or absence in an individual
126	126	of a genetic characteristic; or
127	127	(B) derived from the results of a genetic test of
128	128	an individual's genes, gene products, or chromosomes.
129	129	(4) "Genetic test" has the meaning assigned by Section
130	130	546.001, Insurance Code.
131	131	SECTION 9. Chapter 560, Government Code, is amended by
132	132	adding Section 560.0015 to read as follows:
133	133	Sec. 560.0015. STATUTORY AUTHORITY REQUIRED. (a) A
134	134	governmental body may not capture or possess a biometric identifier
135	135	of an individual or require a biometric identifier as a
136	136	prerequisite for providing a governmental service to the individual
137	137	unless the governmental body:
138	138	(1) has specific, explicit statutory authority that:
139	139	(A) allows the governmental body to:
140	140	(i) capture or possess the individual's
141	141	biometric identifier; or
142	142	(ii) require a biometric identifier as a
143	143	prerequisite for providing a governmental service to the
144	144	individual; or
145	145	(B) allows the governmental body to require and
146	146	obtain the written consent of the individual or the individual's
147	147	legal guardian before:
148	148	(i) capturing or possessing the
149	149	individual's biometric identifier; or
150	150	(ii) requiring a biometric identifier as a
151	151	prerequisite for providing a governmental service to the
152	152	individual;
153	153	(2) obtains the voluntary, written consent of the
154	154	individual or the individual's legal guardian;
155	155	(3) is a health care provider or health care facility
156	156	that captures, possesses, or requires the biometric identifier
157	157	while providing health care services to the individual; or
158	158	(4) is a criminal justice agency, as defined by
159	159	Article 66.001, Code of Criminal Procedure, that captures,
160	160	possesses, or requires the biometric identifier while engaged in
161	161	the administration of criminal justice, as defined by that article.
162	162	(b) For purposes of Subsection (a), Subchapter B, Chapter
163	163	33, Health and Safety Code, is specific, explicit statutory
164	164	authority under Subsection (a)(1)(A)(i) to capture or possess an
165	165	individual's biometric identifier in the conduct of newborn
166	166	screening as provided by that subchapter.
167	167	SECTION 10. Chapter 560, Government Code, is amended by
168	168	adding Sections 560.004, 560.005, 560.006, and 560.007 to read as
169	169	follows:
170	170	Sec. 560.004. DESTRUCTION OF SAMPLE GENETIC MATERIAL;
171	171	EXCEPTIONS. A governmental body shall promptly destroy a sample of
172	172	genetic material obtained from an individual for a genetic test
173	173	after the purpose for which the sample was obtained is accomplished
174	174	unless:
175	175	(1) the sample is retained under a court order;
176	176	(2) the individual authorizes retention of the sample
177	177	for medical treatment or scientific research;
178	178	(3) the sample was obtained for research authorized by
179	179	an institutional review board and retention of the sample is:
180	180	(A) under a requirement the institutional review
181	181	board imposes on a specific research project; or
182	182	(B) authorized by the research participant with
183	183	institutional review board approval under federal law; or
184	184	(4) the sample was obtained for a screening test
185	185	prescribed by the Department of State Health Services under Section
186	186	33.011, Health and Safety Code, and performed by that department or
187	187	a laboratory approved by that department.
188	188	Sec. 560.005. CONFIDENTIALITY OF GENETIC INFORMATION. (a)
189	189	Except as provided by Sections 560.006(a) and (b), genetic
190	190	information is confidential and privileged regardless of the source
191	191	of the information.
192	192	(b) A governmental body that holds an individual's genetic
193	193	information may not disclose or be compelled to disclose, by
194	194	subpoena or otherwise, that information unless the disclosure is
195	195	specifically authorized by the individual as provided by Section
196	196	560.007.
197	197	(c) This section applies to a redisclosure of genetic
198	198	information by a secondary recipient of the information after
199	199	disclosure of the information by an initial recipient. Except as
200	200	provided by Section 560.006(b), a governmental body may not
201	201	redisclose genetic information unless the redisclosure is
202	202	consistent with the disclosures authorized by the tested individual
203	203	under an authorization executed under Section 560.007.
204	204	Sec. 560.006. EXCEPTIONS TO CONFIDENTIALITY. (a) Subject
205	205	to Subchapter G, Chapter 411, genetic information may be disclosed
206	206	without an authorization under Section 560.007 if the disclosure
207	207	is:
208	208	(1) authorized under a state or federal criminal law
209	209	relating to:
210	210	(A) the identification of individuals; or
211	211	(B) a criminal or juvenile proceeding, an
212	212	inquest, or a child fatality review by a multidisciplinary
213	213	child-abuse team;
214	214	(2) required under a specific order of a state or
215	215	federal court;
216	216	(3) for the purpose of establishing paternity as
217	217	authorized under a state or federal law;
218	218	(4) for the purpose of providing genetic information
219	219	of a decedent and the information is disclosed to the blood
220	220	relatives of the decedent for medical diagnosis; or
221	221	(5) for the purpose of identifying a decedent.
222	222	(b) A governmental body may redisclose genetic information
223	223	without an authorization under Section 560.007 for actuarial or
224	224	research studies if:
225	225	(1) a tested individual could not be identified in any
226	226	actuarial or research report; and
227	227	(2) any materials that identify a tested individual
228	228	are returned or destroyed as soon as reasonably practicable.
229	229	(c) A redisclosure authorized under Subsection (b) may
230	230	contain only genetic information reasonably necessary to
231	231	accomplish the purpose for which the information is disclosed.
232	232	Sec. 560.007. AUTHORIZED DISCLOSURE. An individual or an
233	233	individual's legal representative may authorize disclosure of the
234	234	individual's genetic information by submitting a statement that:
235	235	(1) is written in plain language and is signed by the
236	236	individual or legal representative;
237	237	(2) is dated;
238	238	(3) contains a specific description of the information
239	239	to be disclosed;
240	240	(4) identifies or describes each person authorized to
241	241	disclose the genetic information;
242	242	(5) identifies or describes the individuals or
243	243	entities to whom the disclosure or subsequent redisclosure of the
244	244	genetic information may be made;
245	245	(6) describes the specific purpose of the disclosure;
246	246	and
247	247	(7) advises the individual or legal representative
248	248	that the individual's authorized representative is entitled to
249	249	receive a copy of the authorization.
250	250	SECTION 11. Section 33.012(a), Health and Safety Code, is
251	251	amended to read as follows:
252	252	(a) Screening tests may not be administered to a newborn
253	253	child whose parents, managing conservator, or guardian objects to
254	254	[on the ground that] the tests [conflict with the religious tenets
255	255	or practices of an organized church of which they are adherents].
256	256	SECTION 12. Article 18.25, Code of Criminal Procedure, as
257	257	added by this Act, applies only to a warrant issued on or after the
258	258	effective date of this Act.
259	259	SECTION 13. The changes in law made by this Act apply only
260	260	to a biometric identifier captured, a specimen collected, or
261	261	genetic information obtained or to a biometric identifier, a
262	262	specimen, or genetic information requested on or after the
263	263	effective date of this Act. A biometric identifier, a specimen, or
264	264	genetic information captured, collected, obtained, or requested
265	265	before that date is governed by the law in effect immediately before
266	266	the effective date of this Act, and that law is continued in effect
267	267	for that purpose.
268	268	SECTION 14. This Act takes effect September 1, 2021.