Bill Text: TX SB1051 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the capture and retention of certain biometric identifiers by certain governmental entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-07 - Referred to State Affairs [SB1051 Detail]
Download: Texas-2019-SB1051-Introduced.html
By: Hughes | S.B. No. 1051 | |
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relating to the capture and retention of certain biometric | ||
identifiers by certain governmental entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 560.001, Government Code, is amended to | ||
read as follows: | ||
Sec. 560.001. DEFINITIONS. In this chapter: | ||
(1) "Biometric identifier" means an ear, [ |
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or iris scan, a fingerprint, a voiceprint, or a record of an | ||
individual's hand or face geometry, heartbeat, gait, or vascular | ||
pattern. | ||
(2) "Governmental entity" means this state or an | ||
agency or political subdivision of this state [ |
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SECTION 2. Chapter 560, Government Code, is amended by | ||
adding Section 560.0015 to read as follows: | ||
Sec. 560.0015. CAPTURE OF BIOMETRIC IDENTIFIER. | ||
(a) Except as provided by Subsection (b), a governmental entity | ||
may not capture an individual's biometric identifier without the | ||
individual's voluntary consent. Except as provided by Subsection | ||
(c), a governmental entity may not capture, retain, or use an | ||
individual's biometric identifier that is captured using a | ||
photograph, video recording, or audio recording of the individual. | ||
(b) A governmental entity may capture an individual's | ||
biometric identifier without the individual's consent if the | ||
capture: | ||
(1) occurs at a location not more than 10 miles from an | ||
international border; | ||
(2) is authorized under a warrant; | ||
(3) occurs during the investigation of an alleged | ||
crime and the biometric identifier is: | ||
(A) a fingerprint; or | ||
(B) from an individual who is arrested for, | ||
charged with, or convicted of the crime; | ||
(4) is a fingerprint, heartbeat, or vascular pattern | ||
captured by a health care provider or health care facility that | ||
captures, possesses, or requires the biometric identifier while | ||
providing health care services to the individual; or | ||
(5) is required for use under Section 521.059 | ||
Transportation Code. | ||
(c) A governmental entity may capture, retain, and use an | ||
individual's biometric identifier that is captured using a | ||
photograph, video recording, or audio recording of the individual | ||
if: | ||
(1) the photograph or recording is captured in | ||
relation to a time, place, or event connected to a criminal | ||
investigation; and | ||
(2) the governmental entity destroys the record of the | ||
biometric identifier on completion of the entity's use of the | ||
biometric identifier for: | ||
(A) the criminal investigation; or | ||
(B) the trial or appeal of the prosecution of an | ||
alleged crime charged as a result of the investigation. | ||
SECTION 3. Section 560.002, Government Code, is amended to | ||
read as follows: | ||
Sec. 560.002. DISCLOSURE OF BIOMETRIC IDENTIFIER. A | ||
governmental entity [ |
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an individual: | ||
(1) may not sell, lease, or otherwise disclose the | ||
biometric identifier to another person unless: | ||
(A) the individual consents to the disclosure; | ||
(B) the disclosure is required or permitted by a | ||
federal statute or by a state statute other than Chapter 552; or | ||
(C) the disclosure is made by or to a law | ||
enforcement agency for a law enforcement purpose; and | ||
(2) shall store, transmit, and protect from disclosure | ||
the biometric identifier using reasonable care and in a manner that | ||
is the same as or more protective than the manner in which the | ||
governmental entity [ |
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other confidential information. | ||
SECTION 4. Chapter 560, Government Code, is amended by | ||
adding Section 560.0025 to read as follows: | ||
Sec. 560.0025. DESTRUCTION AFTER ACQUITTAL OR DISMISSAL OF | ||
CRIMINAL CHARGE. A governmental entity that captures an | ||
individual's biometric identifier based on an exception under | ||
Section 560.0015(b)(2) or (3) shall destroy all records of the | ||
biometric identifier if the biometric identifier was collected: | ||
(1) under a warrant issued in the investigation of an | ||
alleged crime and charges against the individual are not filed; or | ||
(2) exclusively in connection with the investigation | ||
of a crime for which: | ||
(A) the individual was subsequently acquitted; | ||
or | ||
(B) all charges against the individual resulting | ||
from the investigation are dismissed. | ||
SECTION 5. Section 560.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 560.003. APPLICATION OF CHAPTER 552. A biometric | ||
identifier in the possession of a governmental entity [ |
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exempt from disclosure under Chapter 552. | ||
SECTION 6. Chapter 560, Government Code, is amended by | ||
adding Sections 560.004 and 560.005 to read as follows: | ||
Sec. 560.004. INJUNCTIVE RELIEF; DAMAGES. (a) Any person | ||
may institute an action for injunctive relief against a | ||
governmental entity that appears to have captured that person's | ||
biometric identifier in violation of this chapter. | ||
(b) In an injunction issued under this section, a court may | ||
include reasonable requirements to prevent further violations of | ||
this chapter. | ||
(c) In addition to the injunctive relief provided by | ||
Subsection (a), the person may recover damages against a | ||
governmental entity for each violation of this chapter against that | ||
person. The person must show that a violation has occurred by a | ||
preponderance of the evidence. Damages may not exceed $1,000 for | ||
each violation. | ||
(d) Each day a violation occurs or continues to occur is a | ||
separate violation. | ||
(e) A person may recover reasonable expenses incurred in | ||
obtaining injunctive relief or damages under this section, | ||
including court costs, attorney's fees, investigative costs, | ||
witness fees, and deposition expenses. | ||
Sec. 560.005. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY. | ||
Sovereign or governmental immunity, as applicable, of a | ||
governmental entity to suit and from liability is waived and | ||
abolished to the extent of liability created by this chapter. | ||
SECTION 7. The changes in law made by this Act apply only to | ||
a biometric identifier, as that term is defined by Section 560.001, | ||
Government Code, as amended by this Act, that is captured on or | ||
after the effective date of this Act. A biometric identifier that | ||
was captured before that date is governed by the law in effect on | ||
the date the biometric identifier was captured, and that law is | ||
continued in effect for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2019. |