82R2367 VOO-D
	By: Kleinschmidt	H.B. No. 1051

	A BILL TO BE ENTITLED
	AN ACT
	relating to the collection and use of fingerprints of an applicant
	for a driver's license, personal identification certificate, or
	commercial driver's license.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 411.088(a), Government Code, is amended
	to read as follows:
	(a)  Except as provided by Section 521.0491(e),
	Transportation Code, the [The] department may charge a person that
	is not primarily a criminal justice agency a fee for processing
	inquiries for criminal history record information. The department
	may charge:
	(1)  a fee of $10 for each inquiry for criminal history
	record information on a person that is processed only on the basis
	of the person's name, unless the inquiry is submitted
	electronically or by magnetic media, in which event the fee is $1;
	(2)  a fee of $15 for each inquiry for criminal history
	record information on a person that is processed on the basis of a
	fingerprint comparison search; and
	(3)  except as provided by Subsection (b), actual costs
	for processing all other information inquiries.
	SECTION 2.  Subchapter C, Chapter 521, Transportation Code,
	is amended by adding Section 521.0491 to read as follows:
	Sec. 521.0491.  FINGERPRINT INFORMATION SUPPLIED TO CERTAIN
	GOVERNMENTAL ENTITIES.  (a)  In this section:
	(1)  "State agency" means a department, commission,
	board, office, council, authority, or other agency in the
	executive, legislative, or judicial branch of state government that
	is created by the constitution or a statute of this state, including
	a university system or institution of higher education, as defined
	by Section 61.003, Education Code.
	(2)  "Written consent" includes consent given by an
	electronic signature.
	(b)  The department shall retain fingerprints provided to
	the department by an applicant under Section 521.142(b) or by an
	applicant for a personal identification certificate or commercial
	driver's license.
	(c)  With the written consent of the applicant who provided
	the fingerprints and on request, the department shall:
	(1)  provide or make available the applicant's
	fingerprints to a state agency for use by the agency in carrying out
	its functions; and
	(2)  use the applicant's fingerprints in another
	application under this subtitle submitted by the applicant.
	(d)  A state agency may use fingerprints provided or made
	available to the agency under this section to obtain criminal
	history record information to which the agency is entitled under
	Subchapter F, Chapter 411, Government Code.
	(e)  Notwithstanding any other law, the department may not
	charge a fee for:
	(1)  providing, using, or making available the
	applicant's fingerprints under Subsection (c); or
	(2)  processing an inquiry from a state agency for
	criminal history record information on the basis of fingerprints
	provided or made available under Subsection (c).
	(f)  Section 503.001, Business & Commerce Code, does not
	apply to the maintenance or provision of fingerprints under this
	section.
	SECTION 3.  Section 521.052, Transportation Code, is amended
	to read as follows:
	Sec. 521.052.  DISCLOSURE OF INDIVIDUAL INFORMATION
	PROHIBITED. Except as provided by Sections 521.045, 521.046,
	521.0475, 521.0491, 521.049(c), and 521.050, and by Chapter 730,
	the department may not disclose information from the department's
	files that relates to personal information, as that term is defined
	by Section 730.003.
	SECTION 4.  Section 521.142(b), Transportation Code, is
	amended to read as follows:
	(b)  The application must include:
	(1)  the complete set of fingerprints [the thumbprints]
	of the applicant [or, if thumbprints cannot be taken, the index
	fingerprints of the applicant];
	(2)  a photograph of the applicant;
	(3)  the signature of the applicant; and
	(4)  a brief description of the applicant.
	SECTION 5.  Section 730.010, Transportation Code, is amended
	to read as follows:
	Sec. 730.010.  DISCLOSURE OF THUMB OR FINGER IMAGES
	PROHIBITED. Notwithstanding any other provision of this chapter,
	if an agency obtains an image of an individual's thumb or finger in
	connection with the issuance of a license, permit, or certificate
	to the individual, the agency may:
	(1)  use the image only:
	(A)  in connection with the issuance of the
	license, permit, or certificate; [or]
	(B)  to verify the identity of an individual as
	provided by Section 521.059;
	(C)  as authorized under Section 521.0491; or
	(D)  for criminal justice purposes; and
	(2)  disclose the image only if disclosure is expressly
	authorized by law.
	SECTION 6.  The changes in law made by this Act apply only to
	an application for a driver's license, personal identification
	certificate, or commercial driver's license that is submitted on or
	after January 1, 2012. An application submitted before January 1,
	2012, is governed by the law as it existed immediately before the
	effective date of this Act, and that law is continued in effect for
	that purpose.
	SECTION 7.  This Act takes effect September 1, 2011.