H.B. No. 2337




AN ACT
relating to the use of information provided by an applicant for a driver's license or personal identification certificate in an image verification system. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Section 502.1715, Transportation Code, is amended to read as follows: Sec. 502.1715. ADDITIONAL FEE FOR CERTAIN DEPARTMENT PROGRAMS [MOTOR VEHICLE FINANCIAL RESPONSIBILITY VERIFICATION PROGRAM]. SECTION 2. Sections 502.1715(b) and (c), Transportation Code, are amended to read as follows: (b) Fees [Before August 31, 2005, fees] collected under this section shall be deposited to the credit of the state highway fund. Subject to appropriations, the money shall be used by the Department of Public Safety to: (1) support the Department of Public Safety's reengineering of the driver's license system to provide for the issuance by the Department of Public Safety of a driver's license or personal identification certificate, [not] to include use of image comparison technology [biometric information]; (2) establish and maintain a system to support the driver responsibility program under Chapter 708; and (3) [conduct the feasibility study authorized by Section 601.450; and [(4)] make lease payments to the master lease purchase program for the financing of [: [(A)] the driver's license reengineering project [; and [(B) the liability insurance feasibility study]. (c) Fees [On or after August 31, 2005, fees] collected under this section shall be deposited to the credit of the state highway fund. Subject to appropriation, the money may be used by the Department of Public Safety, the Texas Department of Insurance, and the department to carry out Subchapter N, Chapter 601. SECTION 3. Section 521.001(a), Transportation Code, is amended by adding Subdivision (9) to read as follows: (9) "Image comparison technology" means any technology that is used to compare facial images, thumbprints, or fingerprints. SECTION 4. Subchapter C, Chapter 521, Transportation Code, is amended by adding Section 521.059 to read as follows: Sec. 521.059. IMAGE VERIFICATION SYSTEM. (a) The department shall establish an image verification system based on the following identifiers collected by the department: (1) an applicant's facial image; and (2) an applicant's thumbprints or fingerprints. (b) The department shall authenticate the facial image and thumbprints or fingerprints provided by an applicant for a personal identification certificate, driver's license, or commercial driver's license or permit using image comparison technology to ensure that the applicant: (1) is issued only one original license, permit, or certificate; (2) does not fraudulently obtain a duplicate license, permit, or certificate; and (3) does not commit other fraud in connection with the application for a license, permit, or certificate. (c) The department shall use the image verification system established under this section only to the extent allowed by Chapter 730, Transportation Code, to aid other law enforcement agencies in: (1) establishing the identity of a victim of a disaster or crime that a local law enforcement agency is unable to establish; or (2) conducting an investigation of criminal conduct. (d) The department shall provide a statistical report annually to the legislature describing the rate of error presented in the image verification system, including the rate of incorrect matching of facial images, categorized by race. This subsection expires September 1, 2010. SECTION 5. Section 521.142(b), Transportation Code, is amended to read as follows: (b) The application must include: (1) the thumbprints of the applicant or, if thumbprints cannot be taken, the index fingerprints of the applicant; [and] (2) a photograph of the applicant; (3) the signature of the applicant; and (4) a brief description of the applicant. SECTION 6. Section 730.010, Transportation Code, is amended to read as follows: Sec. 730.010. DISCLOSURE OF THUMB OR FINGER IMAGES PROHIBITED. Notwithstanding any other provision of this chapter, if an agency obtains an image of an individual's thumb or finger in connection with the issuance of a license, permit, or certificate to the individual, the agency may: (1) use the image only: (A) in connection with the issuance of the license, permit, or certificate; or (B) to verify the identity of an individual as provided by Section 521.059; and (2) disclose the image only if disclosure is expressly authorized by law. SECTION 7. The amendments to Section 502.1715, Transportation Code, by this Act prevail over any other Act of the 79th Legislature, Regular Session, 2005, regardless of the relative dates of enactment. SECTION 8. The changes in law made by this Act apply only to a driver's license or permit, or personal identification certificate, or the renewal of a driver's license or permit, or certificate, applied for on or after the effective date of this Act. A driver's license or permit, or personal identification certificate, or the renewal of a driver's license or permit, or certificate, applied for before the effective date of this Act is covered by the law in effect on the date the application was made, and the former law is continued in effect for that purpose. SECTION 9. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2337 was passed by the House on May 9, 2005, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 2337 on May 26, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 2337 was passed by the Senate, with amendments, on May 23, 2005, by the following vote: Yeas 27, Nays 3. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor