|
|
|
|
AN ACT
|
|
relating to the accessing and use of electronically readable |
|
personal identification information obtained from driver's |
|
licenses or personal identification certificates. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 521.126, Transportation Code, is amended |
|
by amending Subsections (b) and (e) and adding Subsections (e-1) |
|
and (l) to read as follows: |
|
(b) Except as provided by Subsections (d), (e), (e-1), (g), |
|
(i), and (j), and Section 501.101, Business & Commerce Code, 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. |
|
(e) The prohibition provided by Subsection (b)(1) does not |
|
apply to a financial institution or a business that: |
|
(1) accesses or uses electronically readable |
|
information [if the information is accessed and used only] for |
|
purposes of identification verification of an individual or check |
|
verification at the point of sale for a purchase of a good or |
|
service by check; or |
|
(2) accesses or uses as electronically readable |
|
information a driver's license number or a name printed on a |
|
driver's license as part of a transaction initiated by the license |
|
or certificate holder to provide information encrypted in a manner: |
|
(A) consistent with PCI DSS Standard 3.4 to a |
|
check services company or fraud prevention services company |
|
governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et |
|
seq.) for the purpose of effecting, administering, or enforcing the |
|
transaction; and |
|
(B) that does not involve the sale, transfer, or |
|
other dissemination of a name or driver's license number to a third |
|
party for any purpose, including any marketing, advertising, or |
|
promotional activities. |
|
(e-1) The prohibition provided by Subsection (b) does not |
|
apply to: |
|
(1) a check services company or a fraud prevention |
|
services company governed by the Fair Credit Reporting Act (15 |
|
U.S.C. Section 1681 et seq.) that, for the purpose of preventing |
|
fraud when effecting, administering, or enforcing the transaction: |
|
(A) accesses or uses as electronically readable |
|
information a driver's license number or a name printed on a |
|
driver's license; or |
|
(B) compiles or maintains a database of |
|
electronically readable driver's license numbers or names printed |
|
on driver's licenses and periodically removes the numbers or names |
|
from the database that are at least four years old; or |
|
(2) [.
The prohibition provided by Subsection (b)(2)
|
|
does not apply to] a financial institution that compiles or |
|
maintains a database of electronically readable information, 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. |
|
(l) For the purposes of this section [subsection], |
|
"financial institution" has the meaning assigned by 31 U.S.C. |
|
Section 5312(a)(2)[, as amended]. |
|
SECTION 2. 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, 2013. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 346 was passed by the House on April |
|
30, 2013, by the following vote: Yeas 141, Nays 2, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 346 on May 23, 2013, by the following vote: Yeas 143, Nays 3, 2 |
|
present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 346 was passed by the Senate, with |
|
amendments, on May 21, 2013, by the following vote: Yeas 24, Nays |
|
7. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |