TITLE: Relating to limitations on the use of a biometric identifier by a governmental body.

SUMMARY: Relating to limitations on the use of a biometric identifier by a governmental body.

FULL TEXT:
AN ACT 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.