| 1 | 1 | | 89R10339 MZM-F |
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| 2 | 2 | | By: Flores S.B. No. 1100 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the use of the Department of Public Safety image |
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| 10 | 10 | | verification system for the purpose of verifying an individual's |
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| 11 | 11 | | identity; authorizing a fee. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 521.059(c), Transportation Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (c) The department shall use the image verification system |
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| 16 | 16 | | established under this section only to the extent allowed by: |
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| 17 | 17 | | (1) Section 521.0591 to verify an individual's |
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| 18 | 18 | | identity; and |
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| 19 | 19 | | (2) Chapter 730[, Transportation Code,] to aid other |
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| 20 | 20 | | law enforcement agencies in: |
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| 21 | 21 | | (A) [(1)] establishing the identity of a victim |
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| 22 | 22 | | of a disaster or crime that a local law enforcement agency is unable |
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| 23 | 23 | | to establish; or |
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| 24 | 24 | | (B) [(2)] conducting an investigation of |
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| 25 | 25 | | criminal conduct. |
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| 26 | 26 | | SECTION 2. Subchapter C, Chapter 521, Transportation Code, |
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| 27 | 27 | | is amended by adding Section 521.0591 to read as follows: |
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| 28 | 28 | | Sec. 521.0591. USE OF IMAGE VERIFICATION SYSTEM FOR |
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| 29 | 29 | | IDENTITY VERIFICATION. (a) The department may, on entering into a |
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| 30 | 30 | | memorandum of understanding with a person, verify the identity of |
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| 31 | 31 | | an individual by comparing a facial image of the individual to |
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| 32 | 32 | | facial images contained in the image verification system |
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| 33 | 33 | | established under Section 521.059. The department may comply with |
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| 34 | 34 | | a request under this section only if the request includes: |
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| 35 | 35 | | (1) a facial image of the individual who is the subject |
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| 36 | 36 | | of the identity verification request and any other information the |
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| 37 | 37 | | department requires to determine the individual's identity; |
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| 38 | 38 | | (2) the consent of the individual described by |
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| 39 | 39 | | Subdivision (1); and |
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| 40 | 40 | | (3) the fee described by Subsection (c). |
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| 41 | 41 | | (b) The department may refuse to provide an identity |
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| 42 | 42 | | verification under this section for any reason. |
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| 43 | 43 | | (c) The department by rule shall establish a fee for the |
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| 44 | 44 | | submission of an identity verification request under this section |
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| 45 | 45 | | in an amount sufficient to cover the costs of the department's |
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| 46 | 46 | | compliance with this section, including the direct and indirect |
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| 47 | 47 | | costs associated with the department's use of the image |
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| 48 | 48 | | verification system. |
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| 49 | 49 | | (d) Information submitted to the department as part of an |
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| 50 | 50 | | identity verification request under this section, including all |
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| 51 | 51 | | images and personal identifying information, is confidential and |
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| 52 | 52 | | not subject to disclosure under Chapter 552, Government Code. |
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| 53 | 53 | | (e) The department shall, after conducting an identity |
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| 54 | 54 | | verification or refusing to conduct an identity verification under |
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| 55 | 55 | | this section, destroy all information submitted as part of the |
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| 56 | 56 | | identity verification request. The department shall adopt rules to |
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| 57 | 57 | | implement this subsection. |
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| 58 | 58 | | (f) The department may contract with a private vendor to |
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| 59 | 59 | | allow the vendor access to the image verification system under |
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| 60 | 60 | | Section 521.059 for the purpose of processing identity verification |
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| 61 | 61 | | requests under this section. |
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| 62 | 62 | | SECTION 3. Not later than December 1, 2025, the Department |
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| 63 | 63 | | of Public Safety shall adopt the rules necessary to implement |
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| 64 | 64 | | Section 521.0591, Transportation Code, as added by this Act. |
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| 65 | 65 | | SECTION 4. This Act takes effect September 1, 2025. |
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