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                                                                  H.B. No. 1379




AN ACT

relating to the admissibility in a civil action of certain 
information relating to identify theft.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 18, Civil Practice and 
Remedies Code, is amended by adding Section 18.062 to read as 
follows:
	Sec. 18.062.  CERTAIN INFORMATION RELATING TO IDENTITY 
THEFT.  (a)  Except as provided by Subsection (b), a business record 
is not admissible in a civil action if the business record is 
provided to law enforcement personnel in connection with an 
investigation of an alleged violation of Section 32.51, Penal Code 
(fraudulent use or possession of identifying information).
	(b)  A business record described by Subsection (a) is 
admissible if the party offering the record has obtained the record 
from a source other than law enforcement personnel.
	SECTION 2.  The change in law made by this Act applies to the 
admissibility of information in a proceeding that begins on or 
after the effective date of this Act.  The admissibility of 
information in a proceeding that begins before the effective date 
of this Act 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 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1379 was passed by the House on May 
10, 2005, by the following vote:  Yeas 144, Nays 0, 2 present, not 
voting; and that the House concurred in Senate amendments to H.B. 
No. 1379 on May 26, 2005, by the following vote:  Yeas 144, Nays 0, 
2 present, not voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 1379 was passed by the Senate, with 
amendments, on May 24, 2005, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor