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                                                                  S.B. No. 1445




AN ACT

relating to electronically readable information on a driver's 
license, commercial driver's license, or personal identification 
certificate; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 521.126, Transportation Code, is amended 
to read as follows:
	Sec. 521.126.  ELECTRONICALLY READABLE INFORMATION.  
(a)  The department may not include any information on a driver's 
license, commercial driver's license, or personal identification 
certificate in an electronically readable form other than the 
information printed on the license and a physical description of 
the licensee.
	(b)  Except as provided by Subsection (d), a person commits 
an offense if the person:
		(1)  accesses or uses electronically readable 
information derived from a driver's license, commercial driver's 
license, or personal identification certificate; or
		(2)  compiles or maintains a database of electronically 
readable information derived from driver's licenses, commercial 
driver's licenses, or personal identification certificates [The 
department shall take necessary steps to ensure that the 
information is used only for law enforcement or governmental 
purposes].
	(c)  An offense under Subsection (b) [Unauthorized use of the 
information] is a Class A misdemeanor.
	(d)  The prohibition provided by Subsection (b) does not 
apply to:    
		(1)  an officer or employee of the department who 
accesses or uses the information for law enforcement or government 
purposes;
		(2)  a peace officer, as defined by Article 2.12, Code 
of Criminal Procedure, acting in the officer's official capacity;
		(3)  a license deputy, as defined by Section 12.702, 
Parks and Wildlife Code, issuing a license, stamp, tag, permit, or 
other similar item through use of a point-of-sale system under 
Section 12.703, Parks and Wildlife Code; or
		(4)  a person acting as authorized by Section 109.61, 
Alcoholic Beverage Code.
	(e)  The prohibition provided by Subsection (b)(1) does not 
apply to a financial institution if the information is accessed and 
used only for purposes of identification of an individual.  The 
prohibition provided by Subsection (b)(2) does not apply to a 
financial institution if each license or certificate holder whose 
information is included in the compilation or database consents to 
the inclusion of the person's information in the compilation or 
database.  Consent under this subsection must be on a separate 
document, signed by the license or certificate holder, that 
explains in at least 14-point bold type the information that will be 
included in the compilation or database.  For the purposes of this 
subsection, "financial institution" has the meaning assigned by 31 
U.S.C. Section 5312(a)(2), as amended.
	(f)  A person may not use information derived from 
electronically readable information from a driver's license, 
commercial driver's license, or personal identification 
certificate to engage in telephone solicitation to encourage the 
purchase or rental of, or investment in, goods, other property, or 
services.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For the purposes of this section, an offense is committed 
before the effective date of this Act if any element of the offense 
occurs before that date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1445 passed the Senate on 
April 25, 2003, by a viva-voce vote.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1445 passed the House on 
May 24, 2003, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor