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AN ACT
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relating to the authority of certain county and district clerks to |
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obtain and retain information that identifies a person filing a |
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document or requesting services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 191, Local Government Code, is amended |
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by adding Section 191.011 to read as follows: |
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Sec. 191.011. AUTHORITY OF CLERKS TO OBTAIN AND RETAIN |
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IDENTIFYING INFORMATION IN CERTAIN COUNTIES. (a) In this section: |
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(1) "Biometric information" means a retina or iris |
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scan, digital or electronic fingerprint scan, voiceprint, or record |
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of hand or face geometry. |
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(2) "Electronic storage" has the meaning assigned by |
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Section 205.001. |
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(3) "Ex officio service" has the meaning assigned by |
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Section 118.023. |
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(4) "Identifying information" means information in |
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any form, other than biometric information, that may be used to |
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identify an individual. The term includes information derived |
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from: |
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(A) a driver's license, personal identification |
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card, or other document, regardless of the intended use of the |
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document; |
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(B) a photograph; |
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(C) a recording of the individual's image or |
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voice, including a video or audio recording; or |
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(D) any other physical or electronic source. |
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(5) "Public service" means a service related to an |
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official governmental power, duty, program, or activity. The term |
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does not include an incidental service provided only as a courtesy |
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to a member of the public. |
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(b) A county clerk or district clerk in a county with a |
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population of 3.3 million or more may copy or record identifying |
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information, including a document on which the information is |
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viewable, regarding an individual who: |
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(1) presents a document or other instrument for filing |
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or recording to the county clerk or district clerk; or |
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(2) requests or obtains an ex officio service or other |
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public service provided by the county clerk or district clerk. |
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(c) A county clerk or district clerk may maintain |
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identifying information copied or recorded under this section in an |
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electronic storage format. |
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(d) Except as otherwise required or authorized by law, a |
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county clerk or district clerk may not: |
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(1) refuse to file or record a document or other |
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instrument or refuse to provide a public service on the ground that |
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an individual described by Subsection (b) does not have or refuses |
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to provide identifying information; or |
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(2) charge a fee to copy or record identifying |
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information. |
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(e) Identifying information copied or recorded under this |
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section is confidential except for use in a criminal investigation |
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or prosecution or a related civil court proceeding. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3492 was passed by the House on May 4, |
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2017, by the following vote: Yeas 140, Nays 3, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3492 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |