HBA-DMD, RAR C.S.H.B. 571 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 571
By: Hupp
Public Safety
4/9/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, driver's licenses issued by the state contain certain
information about the driver's license holder in electronically readable
form.  Applicants for a driver's license are also required to provide
fingerprints.  C.S.H.B. 571 prohibits the Department of Public Safety from
including any information on a driver's license, commercial driver's
license, or identification certificate in electronically readable form
other than the specified information. This bill requires the department to
take necessary steps to ensure that the information is used only for law
enforcement or governmental purposes. It establishes that the unauthorized
use of the information is a Class A misdemeanor.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 521, Transportation Code, by
adding Section 521.126, as follows: 

Sec. 521.126. ELECTRONICALLY READABLE INFORMATION. Prohibits the Department
of Public Safety of the State of Texas (department) from including any
information on a driver's license, commercial driver's license, or
identification certificate in an electronically readable form other than
the information printed on the license and a physical description of the
licensee. Requires the department to take necessary steps to ensure that
the information is used only for law enforcement or governmental purposes.
Sets forth that the unauthorized use of the information is a Class A
misdemeanor. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 571 differs from the original bill in SECTION 1 (Section 521.126,
Transportation Code) by providing that no information other than that
printed on the license and a physical description of the licensee may be
included in an electronically readable form on a driver's license,
commercial driver's license, or an identification certificate. this section
of the original bill prohibited the Department of Public Safety from
including any information on a driver's license in an electronically
readable form. 

This substitute deletes SECTION 2 (Sections 521.142(b) and (e),
Transportation Code) from the original bill, which prohibit the department
from requiring an applicant for a driver's license to provide the
applicant's thumbprint or fingerprint.  

This substitute redesignates the prospective clause, effective date, and
emergency clause from  SECTIONS 3, 4, and 5 of the original to SECTIONS 2,
3, and 4, of the substitute respectively.