CHAPTER 560. BIOMETRIC IDENTIFIER - Texas Statutes

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 560. BIOMETRIC IDENTIFIER

Sec. 560.001. DEFINITIONS. In this chapter:

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

fingerprint, voiceprint, or record of hand or face geometry.

(2) "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.

Added by Acts 2001, 77th Leg., ch. 634, Sec. 2, eff. Sept. 1,

2001. Renumbered from Government Code Sec. 559.001 by Acts 2003,

78th Leg., ch. 1275, Sec. 2(78), eff. Sept. 1, 2003.

Sec. 560.002. DISCLOSURE OF BIOMETRIC IDENTIFIER. A

governmental body that possesses a biometric identifier 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 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.

Added by Acts 2001, 77th Leg., ch. 634, Sec. 2, eff. Sept. 1,

2001. Renumbered from Government Code Sec. 559.002 by Acts 2003,

78th Leg., ch. 1275, Sec. 2(78), eff. Sept. 1, 2003.

Sec. 560.003. APPLICATION OF CHAPTER 552. A biometric

identifier in the possession of a governmental body is exempt

from disclosure under Chapter 552.

Added by Acts 2001, 77th Leg., ch. 634, Sec. 2, eff. Sept. 1,

2001. Renumbered from Government Code Sec. 559.003 by Acts 2003,

78th Leg., ch. 1275, Sec. 2(78), eff. Sept. 1, 2003.