By: Deshotel (Senate Sponsor - Carona)	H.B. No. 346
	(In the Senate - Received from the House May 1, 2013;
	May 2, 2013, read first time and referred to Committee on Business
	and Commerce; May 15, 2013, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 9, Nays 0;
	May 15, 2013, sent to printer.)
	COMMITTEE SUBSTITUTE FOR H.B. No. 346	By:  Carona

	A BILL TO BE ENTITLED
	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 Subsection (l) to
	read as follows:
	(b)  Except as provided by Subsections (d), (e), (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) [(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;
	(2)  accesses or uses electronically readable
	information as part of a transaction initiated by the license or
	certificate holder to provide information 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;
	(3)  is 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 accesses or uses electronically
	readable information or compiles or maintains a database of that
	information for the purpose of effecting, administering, or
	enforcing the transaction; or
	(4)  is [.   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.
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