Texas 2025 - 89th Regular

Texas House Bill HB4423 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Cain H.B. No. 4423
	2	+
	3	+
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the collection, possession, or use of biometric
7	9		identifiers and biometric information.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 560, Government Code, is amended to read
10	12		as follows:
11	13		CHAPTER 560. BIOMETRIC IDENTIFIER AND BIOMETRIC INFORMATION
12	14		Sec. 560.001. DEFINITIONS. In this chapter:
13	15		(1) "Biometric identifier" means a retina or iris
14	16		scan, palm or vascular vein, heartbeat, fingerprint, voiceprint,
15	17		key strokes, signature, gait, or record or scan of hand or face
16	18		geometry. Biometric identifier does not include a digital or
17	19		physical photograph, an audio or video recording, or any data
18	20		generated from a digital or physical photograph, or an audio or
19	21		video recording, unless the photograph, recording, or data is
20	22		generated to identify a specific individual.
21	23		(2) "Biometric information" means any information,
22	24		regardless of how it is captured, converted, stored, or shared,
23	25		based on an individual's biometric identifier used to identify an
24	26		individual. Biometric information does not include information
25	27		derived from items or procedures excluded under the definition of
26	28		biometric identifiers.
27	29		(3) "Governmental body" has the meaning assigned by
28	30		Section 552.003, except that the term includes each entity within
29	31		or created by the judicial branch of state government.
30	32		Sec. 560.002. DISCLOSURE OF BIOMETRIC IDENTIFIER OR
31	33		BIOMETRIC INFORMATION. A governmental body that possesses a
32	34		biometric identifier or biometric information of an individual:
33	35		(1) may not sell, lease, or otherwise disclose the biometric
34	36		identifier to another person unless:
35	37		(A) the individual consents to the disclosure;
36	38		(B) the disclosure is required or permitted by a
37	39		federal statute or by a state statute other than Chapter 552; or
38	40		(C) the disclosure is made by or to a law enforcement
39	41		agency for a law enforcement purpose; and
40	42		(2) shall store, transmit, and protect from disclosure the
41	43		biometric identifier or biometric information using reasonable
42	44		care and in a manner that is the same as or more protective than the
43	45		manner in which the governmental body stores, transmits, and
44	46		protects its other confidential information.
45	47		Sec. 560.003. APPLICATION OF CHAPTER 552. A biometric
46	48		identifier or biometric information in the possession of a
47	49		governmental body is exempt from disclosure under Chapter 552.
48	50		SECTION 2. The heading to Chapter 503, Business and
49	51		Commerce Code, is amended to read as follows:
50	52		CHAPTER 503. BIOMETRIC IDENTIFIERS AND BIOMETRIC INFORMATION
51	53		SECTION 3. Chapter 503, Business and Commerce Code, is
52	54		amended by adding Section 503.0001 to read as follows:
53	55		Sec. 503.0001. DEFINITIONS. In this chapter:
54	56		(1) "Biometric identifier" has the meaning assigned by
55	57		Section 560.001, Government Code.
56	58		(2) "Biometric information" has the meaning assigned
57	59		by Section 560.001, Government Code.
58	60		SECTION 3. Section 503.001, Business and Commerce
59	61		Code, is amended to read as follows:
60	62		Sec. 503.001. CAPTURE OR USE OF BIOMETRIC IDENTIFIER OR
61	63		BIOMETRIC INFORMATION. (a) [In this section, "biometric
62	64		identifier" means a retina or iris scan, fingerprint, voiceprint,
63	65		or record of hand or face geometry.
64	66		(b)] A person may not capture a biometric identifier or
65	67		biometric information of an individual for a commercial purpose
66	68		unless the person:
67	69		(1) informs the individual before capturing the
68	70		biometric identifier or biometric information; and
69	71		(2) receives the individual's consent to capture the
70	72		biometric identifier or biometric information.
71	73		(b)[(c)] A person who possesses a biometric identifier or
72	74		biometric information of an individual that is captured for a
73	75		commercial purpose:
74	76		(1) may not sell, lease, or otherwise disclose the
75	77		biometric identifier or biometric information to another person
76	78		unless:
77	79		(A) the individual consents to the disclosure for
78	80		identification purposes in the event of the individual's
79	81		disappearance or death;
80	82		(B) the disclosure completes a financial
81	83		transaction that the individual requested or authorized;
82	84		(C) the disclosure is required or permitted by a
83	85		federal statute or by a state statute other than Chapter 552,
84	86		Government Code; or
85	87		(D) the disclosure is made by or to a law
86	88		enforcement agency for a law enforcement purpose in response to a
87	89		warrant;
88	90		(2) shall store, transmit, and protect from disclosure
89	91		the biometric identifier or biometric information using reasonable
90	92		care and in a manner that is the same as or more protective than the
91	93		manner in which the person stores, transmits, and protects any
92	94		other confidential information the person possesses; and
93	95		(3) shall destroy the biometric identifier or
94	96		biometric information within a reasonable time, but not later than
95	97		the first anniversary of the date the purpose for collecting the
96	98		identifier or information expires, except as provided by Subsection
97	99		(c-1).
98	100		(c)[(c-1)] If a biometric identifier or biometric
99	101		information of an individual captured for a commercial purpose is
100	102		used in connection with an instrument or document that is required
101	103		by another law to be maintained for a period longer than the period
102	104		prescribed by Subsection (b)(3) [(c)(3)], the person who possesses
103	105		the biometric identifier or biometric information shall destroy the
104	106		biometric identifier or biometric information within a reasonable
105	107		time, but not later than the first anniversary of the date the
106	108		instrument or document is no longer required to be maintained by
107	109		law.
108	110		(c-1)[(c-2)] If a biometric identifier or biometric
109	111		information captured or collected for a commercial purpose has been
110	112		collected for security purposes by an employer, the purpose for
111	113		collecting the identifier or information under Subsection (c)(3) is
112	114		presumed to expire on termination of the employment relationship.
113	115		(d) A person who violates this section is to a civil penalty
114	116		of not more than $25,000 for each violation. The attorney general
115	117		may bring an action to recover the civil penalty.
116	118		(e) This section does not apply to voiceprint data retained
117	119		by a financial institution or an affiliate of a financial
118	120		institution, as those terms are defined by 15 U.S.C. Section 6809.
119	121		SECTION 4. This Act takes effect immediately if it receives
120	122		a vote of two-thirds of all the members elected to each house, as
121	123		provided by Section 39, Article III, Texas Constitution. If this
122	124		Act does not receive the vote necessary for immediate effect, this
123	125		Act takes effect September 1, 2025.