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AN ACT
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relating to the collection and use of biometric identifiers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 503.001, Business & Commerce Code, is |
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amended by amending Subsection (c) and adding Subsections (c-1) and |
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(c-2) to read as follows: |
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(c) A person who possesses a biometric identifier of an |
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individual that is captured for a commercial purpose: |
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(1) may not sell, lease, or otherwise disclose the |
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biometric identifier to another person unless: |
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(A) the individual consents to the disclosure for |
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identification purposes in the event of the individual's |
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disappearance or death; |
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(B) the disclosure completes a financial |
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transaction that the individual requested or authorized; |
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(C) the disclosure is required or permitted by a |
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federal statute or by a state statute other than Chapter 552, |
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Government Code; or |
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(D) the disclosure is made by or to a law |
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enforcement agency for a law enforcement purpose in response to a |
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warrant; [and] |
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(2) shall store, transmit, and protect from disclosure |
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the biometric identifier using reasonable care and in a manner that |
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is the same as or more protective than the manner in which the |
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person stores, transmits, and protects any other confidential |
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information the person possesses; and |
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(3) shall destroy the biometric identifier within a |
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reasonable time, but not later than the first anniversary of the |
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date the purpose for collecting the identifier expires, except as |
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provided by Subsection (c-1). |
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(c-1) If a biometric identifier of an individual captured |
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for a commercial purpose is used in connection with an instrument or |
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document that is required by another law to be maintained for a |
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period longer than the period prescribed by Subsection (c)(3), the |
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person who possesses the biometric identifier shall destroy the |
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biometric identifier within a reasonable time, but not later than |
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the first anniversary of the date the instrument or document is no |
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longer required to be maintained by law. |
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(c-2) If a biometric identifier captured for a commercial |
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purpose has been collected for security purposes by an employer, |
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the purpose for collecting the identifier under Subsection (c)(3) |
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is presumed to expire on termination of the employment |
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relationship. |
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SECTION 2. (a) The changes in law made by this Act apply to |
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a biometric identifier possessed by a person: |
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(1) on or after the effective date of this Act; or |
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(2) before the effective date of this Act, subject to |
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Subsection (b) of this section. |
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(b) A person who before the effective date of this Act |
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possesses a biometric identifier that is required to be destroyed |
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because of the changes in law made by this Act shall destroy the |
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biometric identifier on or before October 1, 2009. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3186 was passed by the House on May |
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15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3186 on May 29, 2009, by the following vote: Yeas 136, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3186 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |