CHAPTER 503. BIOMETRIC IDENTIFIERS
BUSINESS AND COMMERCE CODE
TITLE 11. PERSONAL IDENTITY INFORMATION
SUBTITLE A. IDENTIFYING INFORMATION
CHAPTER 503. BIOMETRIC IDENTIFIERS
Sec. 503.001. CAPTURE OR USE OF BIOMETRIC IDENTIFIER. (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 of an
individual for a commercial purpose unless the person:
(1) informs the individual before capturing the biometric
identifier; and
(2) receives the individual's consent to capture the biometric
identifier.
(c) A person who possesses a biometric identifier of an
individual that is captured for a commercial purpose:
(1) may not sell, lease, or otherwise disclose the biometric
identifier 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 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 within a reasonable
time, but not later than the first anniversary of the date the
purpose for collecting the identifier expires, except as provided
by Subsection (c-1).
(c-1) If a biometric identifier 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 (c)(3),
the person who possesses the biometric identifier shall destroy
the biometric identifier 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-2) If a biometric identifier captured for a commercial
purpose has been collected for security purposes by an employer,
the purpose for collecting the identifier under Subsection (c)(3)
is presumed to expire on termination of the employment
relationship.
(d) A person who violates this section is subject 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1163, Sec. 1, eff. September 1, 2009.