87R9168 YDB/JSC-D
By: Paxton S.B. No. 1952
A BILL TO BE ENTITLED
AN ACT
relating to the capture and use of an individual's biometric
identifiers, specimen, or genetic information by a governmental
body or peace officer or by a person for commercial purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Title 11, Business & Commerce
Code, is amended to read as follows:
TITLE 11. PERSONAL [IDENTITY] INFORMATION
SECTION 2. The heading to Subtitle A, Title 11, Business &
Commerce Code, is amended to read as follows:
SUBTITLE A. IDENTIFYING AND OTHER PERSONAL INFORMATION
SECTION 3. The heading to Chapter 503, Business & Commerce
Code, is amended to read as follows:
CHAPTER 503. BIOMETRIC IDENTIFIERS AND COLLECTION OF SPECIMEN FROM
INDIVIDUALS FOR DIAGNOSTIC PURPOSES
SECTION 4. The heading to Section 503.001, Business &
Commerce Code, is amended to read as follows:
Sec. 503.001. CAPTURE OR USE OF BIOMETRIC IDENTIFIER;
COLLECTION OR USE OF SPECIMEN.
SECTION 5. Section 503.001, Business & Commerce Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsections (c-3) and (c-4) to read as follows:
(a) In this section:
(1) "Biometric[, "biometric] identifier" means a
retina or iris scan, fingerprint, voiceprint, or record of hand or
face geometry.
(2) "Specimen" means a sample of an individual's
blood, urine, or other bodily fluid or tissue taken for scientific
analysis to detect or diagnose a disease.
(b) A person may not capture a biometric identifier of or
collect a specimen from an individual for a commercial purpose
unless the person:
(1) informs the individual before capturing the
biometric identifier or collecting the specimen; and
(2) receives the individual's consent to capture the
biometric identifier or collect the specimen.
(c) A person who possesses a biometric identifier or
specimen of an individual that is captured or collected for a
commercial purpose:
(1) may not sell, lease, or otherwise disclose the
biometric identifier or specimen test results to another person
unless:
(A) the individual consents to the disclosure for
identification purposes in the event of the individual's
disappearance or death;
(B) the disclosure of a biometric identifier
completes a financial transaction that the individual requested or
authorized;
(C) the disclosure is required or permitted by a
federal statute or by a state statute other than Chapter 552,
Government Code; or
(D) the disclosure is made by or to a law
enforcement agency for a law enforcement purpose in response to a
warrant;
(2) shall store, transmit, and protect from disclosure
the biometric identifier or specimen test results using reasonable
care and in a manner that is the same as or more protective than the
manner in which the person stores, transmits, and protects any
other confidential information the person possesses; and
(3) shall destroy the biometric identifier or specimen
within a reasonable time, but not later than the first anniversary
of the date the purpose for collecting the identifier or specimen
expires, except as provided by Subsection (c-1).
(c-3) A person who captures a biometric identifier of or
collects a specimen from an individual for a commercial purpose
shall provide to the individual information on:
(1) the type of technology or scientific testing to be
used on the identifier or specimen;
(2) the purpose of and method for capturing or
collecting the identifier or specimen; and
(3) the method for storing data related to the
captured or collected identifier or specimen.
(c-4) A person who collects a specimen from an individual to
test for a specific disease may not use or analyze the specimen for
a purpose unrelated to the test unless the individual consents to
the use for another purpose.
SECTION 6. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.25 to read as follows:
Art. 18.25. WARRANTS FOR GENETIC INFORMATION FROM CERTAIN
BUSINESSES. (a) This article applies to a business that collects
and analyzes genetic information to provide information about an
individual's genetic traits or biological relationships.
(b) A peace officer may require a business described by
Subsection (a) to provide the genetic information of a customer of
the business by obtaining a warrant under this chapter or by
obtaining the consent of the customer.
(c) A peace officer who obtains a warrant with respect to
genetic information held by a business described by Subsection (a)
may apply to the court issuing the warrant for an order commanding
the business to whom the warrant is directed not to disclose to any
person the existence of the warrant. The order is effective for the
period the court considers appropriate. The court shall enter the
order under this subsection if the court determines that there is
reason to believe that notification of the existence of the warrant
will lead to an adverse result, including:
(1) endangering the life or physical safety of an
individual;
(2) flight from prosecution;
(3) destruction of or tampering with evidence;
(4) intimidation of a potential witness; or
(5) otherwise seriously jeopardizing an investigation
or unduly delaying a trial.
(d) Unless an order is issued under Subsection (c), the
peace officer who executes a warrant for a customer's genetic
information shall notify the customer whose genetic information is
the subject of the warrant of the existence of the warrant.
SECTION 7. The heading to Chapter 560, Government Code, is
amended to read as follows:
CHAPTER 560. BIOMETRIC IDENTIFIER AND GENETIC INFORMATION
SECTION 8. Section 560.001, Government Code, is amended by
amending Subdivision (1) and adding Subdivisions (3) and (4) to
read as follows:
(1) "Biometric identifier" means any measurement of
the human body or its movement that is used to attempt to uniquely
identify or authenticate the identity of a person, including a
blood sample, hair sample, skin sample, body scan, retina or iris
scan, fingerprint, voiceprint, or record of hand or face geometry.
(3) "Genetic information" means information that is:
(A) obtained from or based on a scientific or
medical determination of the presence or absence in an individual
of a genetic characteristic; or
(B) derived from the results of a genetic test of
an individual's genes, gene products, or chromosomes.
(4) "Genetic test" has the meaning assigned by Section
546.001, Insurance Code.
SECTION 9. Chapter 560, Government Code, is amended by
adding Section 560.0015 to read as follows:
Sec. 560.0015. STATUTORY AUTHORITY REQUIRED. (a) A
governmental body may not capture or possess a biometric identifier
of an individual or require a biometric identifier as a
prerequisite for providing a governmental service to the individual
unless the governmental body:
(1) has specific, explicit statutory authority that:
(A) allows the governmental body to:
(i) capture or possess the individual's
biometric identifier; or
(ii) require a biometric identifier as a
prerequisite for providing a governmental service to the
individual; or
(B) allows the governmental body to require and
obtain the written consent of the individual or the individual's
legal guardian before:
(i) capturing or possessing the
individual's biometric identifier; or
(ii) requiring a biometric identifier as a
prerequisite for providing a governmental service to the
individual;
(2) obtains the voluntary, written consent of the
individual or the individual's legal guardian;
(3) is a health care provider or health care facility
that captures, possesses, or requires the biometric identifier
while providing health care services to the individual; or
(4) is a criminal justice agency, as defined by
Article 66.001, Code of Criminal Procedure, that captures,
possesses, or requires the biometric identifier while engaged in
the administration of criminal justice, as defined by that article.
(b) For purposes of Subsection (a), Subchapter B, Chapter
33, Health and Safety Code, is specific, explicit statutory
authority under Subsection (a)(1)(A)(i) to capture or possess an
individual's biometric identifier in the conduct of newborn
screening as provided by that subchapter.
SECTION 10. Chapter 560, Government Code, is amended by
adding Sections 560.004, 560.005, 560.006, and 560.007 to read as
follows:
Sec. 560.004. DESTRUCTION OF SAMPLE GENETIC MATERIAL;
EXCEPTIONS. A governmental body shall promptly destroy a sample of
genetic material obtained from an individual for a genetic test
after the purpose for which the sample was obtained is accomplished
unless:
(1) the sample is retained under a court order;
(2) the individual authorizes retention of the sample
for medical treatment or scientific research;
(3) the sample was obtained for research authorized by
an institutional review board and retention of the sample is:
(A) under a requirement the institutional review
board imposes on a specific research project; or
(B) authorized by the research participant with
institutional review board approval under federal law; or
(4) the sample was obtained for a screening test
prescribed by the Department of State Health Services under Section
33.011, Health and Safety Code, and performed by that department or
a laboratory approved by that department.
Sec. 560.005. CONFIDENTIALITY OF GENETIC INFORMATION. (a)
Except as provided by Sections 560.006(a) and (b), genetic
information is confidential and privileged regardless of the source
of the information.
(b) A governmental body that holds an individual's genetic
information may not disclose or be compelled to disclose, by
subpoena or otherwise, that information unless the disclosure is
specifically authorized by the individual as provided by Section
560.007.
(c) This section applies to a redisclosure of genetic
information by a secondary recipient of the information after
disclosure of the information by an initial recipient. Except as
provided by Section 560.006(b), a governmental body may not
redisclose genetic information unless the redisclosure is
consistent with the disclosures authorized by the tested individual
under an authorization executed under Section 560.007.
Sec. 560.006. EXCEPTIONS TO CONFIDENTIALITY. (a) Subject
to Subchapter G, Chapter 411, genetic information may be disclosed
without an authorization under Section 560.007 if the disclosure
is:
(1) authorized under a state or federal criminal law
relating to:
(A) the identification of individuals; or
(B) a criminal or juvenile proceeding, an
inquest, or a child fatality review by a multidisciplinary
child-abuse team;
(2) required under a specific order of a state or
federal court;
(3) for the purpose of establishing paternity as
authorized under a state or federal law;
(4) for the purpose of providing genetic information
of a decedent and the information is disclosed to the blood
relatives of the decedent for medical diagnosis; or
(5) for the purpose of identifying a decedent.
(b) A governmental body may redisclose genetic information
without an authorization under Section 560.007 for actuarial or
research studies if:
(1) a tested individual could not be identified in any
actuarial or research report; and
(2) any materials that identify a tested individual
are returned or destroyed as soon as reasonably practicable.
(c) A redisclosure authorized under Subsection (b) may
contain only genetic information reasonably necessary to
accomplish the purpose for which the information is disclosed.
Sec. 560.007. AUTHORIZED DISCLOSURE. An individual or an
individual's legal representative may authorize disclosure of the
individual's genetic information by submitting a statement that:
(1) is written in plain language and is signed by the
individual or legal representative;
(2) is dated;
(3) contains a specific description of the information
to be disclosed;
(4) identifies or describes each person authorized to
disclose the genetic information;
(5) identifies or describes the individuals or
entities to whom the disclosure or subsequent redisclosure of the
genetic information may be made;
(6) describes the specific purpose of the disclosure;
and
(7) advises the individual or legal representative
that the individual's authorized representative is entitled to
receive a copy of the authorization.
SECTION 11. Section 33.012(a), Health and Safety Code, is
amended to read as follows:
(a) Screening tests may not be administered to a newborn
child whose parents, managing conservator, or guardian objects to
[on the ground that] the tests [conflict with the religious tenets
or practices of an organized church of which they are adherents].
SECTION 12. Article 18.25, Code of Criminal Procedure, as
added by this Act, applies only to a warrant issued on or after the
effective date of this Act.
SECTION 13. The changes in law made by this Act apply only
to a biometric identifier captured, a specimen collected, or
genetic information obtained or to a biometric identifier, a
specimen, or genetic information requested on or after the
effective date of this Act. A biometric identifier, a specimen, or
genetic information captured, collected, obtained, or requested
before that date is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 14. This Act takes effect September 1, 2021.