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