Cain Biometric Bill Lets Government Share With Police, No Warrant

The text as introduced · 995 words

By: Cain
H.B. No. 4423

A BILL TO BE ENTITLED

AN ACT

relating to the collection, possession, or use of biometric

identifiers and biometric information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 560, Government Code, is amended to read

as follows:

CHAPTER 560. BIOMETRIC IDENTIFIER AND BIOMETRIC INFORMATION

Sec. 560.001. DEFINITIONS. In this chapter:

(1) "Biometric identifier" means a retina or iris

scan, palm or vascular vein, heartbeat, fingerprint, voiceprint,

key strokes, signature, gait, or record or scan of hand or face

geometry. Biometric identifier does not include a digital or

physical photograph, an audio or video recording, or any data

generated from a digital or physical photograph, or an audio or

video recording, unless the photograph, recording, or data is

generated to identify a specific individual.

(2) "Biometric information" means any information,

regardless of how it is captured, converted, stored, or shared,

based on an individual's biometric identifier used to identify an

individual. Biometric information does not include information

derived from items or procedures excluded under the definition of

biometric identifiers.

(3) "Governmental body" has the meaning assigned by

Section 552.003, except that the term includes each entity within

or created by the judicial branch of state government.

Sec. 560.002. DISCLOSURE OF BIOMETRIC IDENTIFIER OR

BIOMETRIC INFORMATION . A governmental body that possesses a

biometric identifier or biometric information of 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 or biometric information using reasonable

care and in a manner that is the same as or more protective than the

manner in which the governmental body stores, transmits, and

protects its other confidential information.

Sec. 560.003. APPLICATION OF CHAPTER 552. A biometric

identifier or biometric information in the possession of a

governmental body is exempt from disclosure under Chapter 552.

SECTION 2. The heading to Chapter 503, Business and

Commerce Code, is amended to read as follows:

CHAPTER 503. BIOMETRIC IDENTIFIERS AND BIOMETRIC INFORMATION

SECTION 3. Chapter 503, Business and Commerce Code, is

amended by adding Section 503.0001 to read as follows:

Sec. 503.0001. DEFINITIONS. In this chapter:

(1) "Biometric identifier" has the meaning assigned by

Section 560.001, Government Code.

(2) "Biometric information" has the meaning assigned

by Section 560.001, Government Code.

SECTION 3. Section 503.001, Business and Commerce

Code, is amended to read as follows:

Sec. 503.001. CAPTURE OR USE OF BIOMETRIC IDENTIFIER OR

BIOMETRIC INFORMATION . (a) [ In this section, "biometric

identifier" means a retina or iris scan, fingerprint, voiceprint,

or record of hand or face geometry.

(b) ] A person may not capture a biometric identifier or

biometric information of an individual for a commercial purpose

unless the person:

(1) informs the individual before capturing the

biometric identifier or biometric information ; and

(2) receives the individual's consent to capture the

biometric identifier or biometric information .

(b) [ (c) ] A person who possesses a biometric identifier or

biometric information of an individual that is captured for a

commercial purpose:

(1) may not sell, lease, or otherwise disclose the

biometric identifier or biometric information to another person

unless:

(A) the individual consents to the disclosure for

identification purposes in the event of the individual's

disappearance or death;

(B) the disclosure completes a financial

transaction that the individual requested or authorized;

(C) the disclosure is required or permitted by a

federal statute or by a state statute other than Chapter 552,

Government Code; or

(D) the disclosure is made by or to a law

enforcement agency for a law enforcement purpose in response to a

warrant;

(2) shall store, transmit, and protect from disclosure

the biometric identifier or biometric information using reasonable

care and in a manner that is the same as or more protective than the

manner in which the person stores, transmits, and protects any

other confidential information the person possesses; and

(3) shall destroy the biometric identifier or

biometric information within a reasonable time, but not later than

the first anniversary of the date the purpose for collecting the

identifier or information expires, except as provided by Subsection

(c-1).

(c) [ (c-1) ] If a biometric identifier or biometric

information of an individual captured for a commercial purpose is

used in connection with an instrument or document that is required

by another law to be maintained for a period longer than the period

prescribed by Subsection (b)(3) [ (c)(3) ], the person who possesses

the biometric identifier or biometric information shall destroy the

biometric identifier or biometric information within a reasonable

time, but not later than the first anniversary of the date the

instrument or document is no longer required to be maintained by

law.

(c-1) [ (c-2) ] If a biometric identifier or biometric

information captured or collected for a commercial purpose has been

collected for security purposes by an employer, the purpose for

collecting the identifier or information under Subsection (c)(3) is

presumed to expire on termination of the employment relationship.

(d) A person who violates this section is to a civil penalty

of not more than $25,000 for each violation. The attorney general

may bring an action to recover the civil penalty.

(e) This section does not apply to voiceprint data retained

by a financial institution or an affiliate of a financial

institution, as those terms are defined by 15 U.S.C. Section 6809.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.