H.B. No. 1060
 
 
 
 
AN ACT
  relating to the use of electronically readable information from a
  driver's license or personal identification certificate by
  hospitals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 521.126, Transportation Code, is amended
  by amending Subsection (b) and adding Subsections (i), (j), and (k)
  to read as follows:
         (b)  Except as provided by Subsections (d), (e), [and] (g),
  (i), and (j), 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.
         (i)  The prohibition provided by Subsection (b) does not
  apply to a hospital that accesses, uses, compiles, or maintains a
  database of the information to provide health care services to the
  individual who holds the driver's license, commercial driver's
  license, or personal identification certificate.
         (j)  Except as otherwise provided by this subsection, a
  hospital may not sell, transfer, or otherwise disseminate the
  information described by Subsection (i) to a third party for any
  purpose, including any marketing, advertising, or promotional
  activities. A hospital that obtains information described by
  Subsection (i) may transfer the information only in accordance with
  the rules implementing the federal Health Insurance Portability and
  Accountability Act of 1996 (Pub. L. No. 104-191). A business
  associate, and any subcontractor of the business associate who
  receives the transferred information, may use the information only
  to service or maintain the hospital's database of the information.
         (k)  If an individual objects to the hospital collecting the
  individual's information from the individual's driver's license as
  described by Subsection (i), the hospital must use an alternative
  method for collecting the individual's information.
         SECTION 2.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1060 was passed by the House on March
  28, 2007, by the following vote:  Yeas 136, Nays 5, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1060 on May 18, 2007, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1060 on May 26, 2007, by the following vote:  Yeas 145,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1060 was passed by the Senate, with
  amendments, on May 15, 2007, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1060 on May 26, 2007, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor