Bill Text: TX HB3491 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to limitations on the use of a biometric identifier by a governmental body.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3491 Detail]
Download: Texas-2017-HB3491-Introduced.html
Bill Title: Relating to limitations on the use of a biometric identifier by a governmental body.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3491 Detail]
Download: Texas-2017-HB3491-Introduced.html
85R1110 YDB-D | ||
By: Meyer | H.B. No. 3491 |
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relating to limitations on the use of a biometric identifier by a | ||
governmental body. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 560.001(1), Government Code, is amended | ||
to read as follows: | ||
(1) "Biometric identifier" means any measurement of | ||
the human body or its movement that is used to attempt to uniquely | ||
identify or authenticate the identity of a person, including a | ||
blood sample, hair sample, skin sample, DNA sample, body scan, | ||
retina or iris scan, fingerprint, voiceprint, or record of hand or | ||
face geometry. | ||
SECTION 2. Chapter 560, Government Code, is amended by | ||
adding Section 560.0015 to read as follows: | ||
Sec. 560.0015. STATUTORY AUTHORITY REQUIRED. (a) A | ||
governmental body may not capture or possess a biometric identifier | ||
of an individual or require a biometric identifier as a | ||
prerequisite for providing a governmental service to the individual | ||
unless the governmental body has: | ||
(1) specific, explicit statutory authority that: | ||
(A) allows the governmental body to: | ||
(i) capture or possess the individual's | ||
biometric identifier; or | ||
(ii) require a biometric identifier as a | ||
prerequisite for providing a governmental service to the | ||
individual; or | ||
(B) allows the governmental body to require and | ||
obtain the written consent of the individual or the individual's | ||
legal guardian before: | ||
(i) capturing or possessing the | ||
individual's biometric identifier; or | ||
(ii) requiring a biometric identifier as a | ||
prerequisite for providing a governmental service to the | ||
individual; or | ||
(2) the voluntary, written consent of the individual | ||
or the individual's legal guardian. | ||
(b) For purposes of Subsection (a), Subchapter B, Chapter | ||
33, Health and Safety Code, is specific, explicit statutory | ||
authority under Subsection (a)(1)(A)(i) to capture or possess an | ||
individual's biometric identifier in the conduct of newborn | ||
screening as provided by that subchapter. | ||
SECTION 3. Section 560.0015, Government Code, as added by | ||
this Act, applies only to a biometric identifier captured or | ||
requested on or after the effective date of this Act. A biometric | ||
identifier captured or requested before that date is governed by | ||
the law in effect immediately before the effective date of this Act, | ||
and that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2017. |