Bill Text: TX SB1767 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the use of a biometric identity verification device to comply with certain alcohol related laws.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to Business & Commerce [SB1767 Detail]
Download: Texas-2019-SB1767-Introduced.html
By: Miles | S.B. No. 1767 | |
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relating to the use of a biometric identity verification device to | ||
comply with certain alcohol related laws. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.04, Alcoholic Beverage Code, is | ||
amended by adding subsection 29 to read as follows: | ||
(29) "Biometric Identity Verification Device" means a | ||
commercial device that instantly verifies the identity and age of a | ||
person by an electronic scan of a biometric of such person, via a | ||
fingerprint, iris image, facial image, or other biometric, or any | ||
combination thereof, which is referenced against identification | ||
issued by a governmental entity, where: | ||
(A) the authenticity of the record was previously | ||
verified by electronic authentication process; | ||
(B) the identity of and information about the record | ||
holder was previously verified through a secondary, | ||
electronic, authentication process or processes, utilizing | ||
commercially available data, such as a public records query | ||
or a knowledge based authentication quiz; and | ||
(C) the authenticated record was securely linked to | ||
biometrics contemporaneously collected from the verified | ||
record holder and is stored in a centralized, highly secured, | ||
encrypted, biometric database. | ||
SECTION 2. Section 106.03, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 106.03. SALE TO MINORS. (a) A person commits an | ||
offense if with criminal negligence he sells an alcoholic beverage | ||
to a minor. | ||
(b) A person who sells a minor an alcoholic beverage does | ||
not commit an offense under this section, or any other section of | ||
this Code, if the minor falsely represents himself to be 21 years | ||
old or older by displaying an apparently valid proof of | ||
identification that contains a physical description and photograph | ||
consistent with the minor's appearance, purports to establish that | ||
the minor is 21 years of age or older, and was issued by a | ||
governmental agency, or if the person relied on a biometric | ||
identity verification device as proof of identification. The proof | ||
of identification may include a driver's license or identification | ||
card issued by the Department of Public Safety, a passport, or a | ||
military identification card, or a biometric identity verification | ||
device. | ||
(c) An offense under this section is a Class A misdemeanor. | ||
(d) Subsection (b) does not apply to a person who accesses | ||
electronically readable information under Section 109.61 or a | ||
biometric identity verification device, that identifies a driver's | ||
license or identification certificate, as invalid. | ||
SECTION 3. Section 106.13, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 106.13. SANCTIONS AGAINST RETAILER. (a) Except as | ||
provided in Subsections (b) and (c) of this section, the commission | ||
or administrator may cancel or suspend for not more than 90 days a | ||
retail license or permit or a private club registration permit if it | ||
is found, on notice and hearing, that the licensee or permittee with | ||
criminal negligence sold, served, dispensed, or delivered an | ||
alcoholic beverage to a minor or with criminal negligence permitted | ||
a minor to violate Section 106.04 or 106.05 of this code on the | ||
licensed premises. | ||
(b) For a second offense the commission or administrator may | ||
cancel the license or permit or suspend it for not more than six | ||
months. For a third offense within a period of 36 consecutive months | ||
the commission or administrator may cancel the permit or suspend it | ||
for not more than 12 months. | ||
(c) The commission or administrator may relax the | ||
provisions of this section concerning suspension and cancellation | ||
and assess a sanction the commission or administrator finds just | ||
under the circumstances if, at a hearing, the licensee or permittee | ||
establishes to the satisfaction of the commission or administrator: | ||
(1) that the violation could not reasonably have been | ||
prevented by the permittee or licensee by the exercise of due | ||
diligence; | ||
(2) that the permittee or licensee was entrapped; or | ||
(3) that an agent, servant, or employee of the permittee or | ||
licensee violated this code without the knowledge of the permittee | ||
or licensee; | ||
(4) or, if the permittee of its agent, servant, or employee | ||
relied on a biometric identity verification device to verify the | ||
customer's age. | ||
SECTION 4. Section 109.61, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 109.61. USE OF CERTAIN ELECTRONICALLY READABLE | ||
INFORMATION. (a) A person may access electronically readable | ||
information on a driver's license, commercial driver's license, or | ||
identification certificate, or biometric identity verification | ||
device for the purpose of complying with this code or a rule of the | ||
commission, including for the purpose of preventing the person from | ||
committing an offense under this code. | ||
(b) A person may not retain information accessed under this | ||
section unless the commission by rule requires the information to | ||
be retained. The person may not retain the information longer than | ||
the commission requires. | ||
(b-1) Information retained may be printed to hard copy with | ||
a time and date confirmation from the transaction scan device or | ||
transferred to an electronic encrypted data storage or electronic | ||
record. After printing or transferring data, the transaction scan | ||
device may clear the scanned information from the device or any | ||
memory in the device. The commission by rule may set further | ||
requirements for the retention of information under this | ||
subsection. | ||
(c) Information accessed under this section may not be | ||
marketed in any manner. | ||
(d) A person who violates this section commits an offense. | ||
An offense under this section is a Class A misdemeanor. | ||
(e) It is an affirmative defense to prosecution under this | ||
code, for an offense having as an element the age of a person, that: | ||
(1) a transaction scan device or biometric identity | ||
verification device identified the license or certificate of the | ||
purchaser as valid and that the person is over 21, and the defendant | ||
accessed the information and relied on the results in good faith; or | ||
(2) if the defendant is the owner of a store in which | ||
alcoholic beverages are sold at retail, the offense occurs in | ||
connection with a sale by an employee of the owner, and the owner | ||
had provided the employee with: | ||
(A) a transaction scan device or biometric identity | ||
verification device in working condition; | ||
(B) adequate training in the use of the transaction scan | ||
device or biometric identity verification device; and | ||
(C) the defendant did not directly or indirectly | ||
encourage the employee to violate the law. | ||
(f) The defense offered in Subsection (e) does not apply | ||
applies in actions to cancel, deny, or suspend the license or | ||
permit, except as provided by rules adopted by the commission under | ||
Section 5.31. | ||
(g) In this section, "transaction scan device" includes | ||
an electronic age verification system authorized by commission rule | ||
operated in conjunction with a point of sale terminal that scans the | ||
purchaser's driver's license or identification certificate upon | ||
enrollment, associates the purchaser's personal identifying | ||
information, as defined by Section 521.002(1)(C), Business & | ||
Commerce Code, with the purchaser's license or identification | ||
certificate information, and is capable of allowing a seller to | ||
verify a purchaser's age solely by accessing the data and | ||
information. | ||
SECTION 5. This Act takes effect September 1, 2019. |