HBA-CMT H.B. 3016 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3016
By: Haggerty
Licensing & Administrative Procedures
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

A attorney general opinion interpreted previous Texas law to mean that
information obtained by accessing the magnetic strip on a Texas
identification card, commercial driver's license, or driver's license may
only be used by law enforcement officials.  House Bill 3016 permits the use
of information accessed by using the magnetic strip on a identification
card, commercial driver's license, or driver's license by persons other
than law enforcement officials when used to prevent the purchase of
alcoholic beverages by minors and to comply with Texas Alcoholic Beverage
Commission record keeping rules regarding private club memberships. 

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. 

ANALYSIS

House Bill 3016 amends the Alcoholic Beverage Code to authorize a person to
access electronically readable information on a driver's license,
commercial driver's license, or identification certificate for the purpose
of complying with this code or a rule of the Texas Alcoholic Beverage
Commission (TABC), including for the purpose of preventing the person from
committing an offense under the Alcoholic Beverage Code.  The bill
prohibits a person from retaining the accessed information unless TABC by
rule requires the information to be retained.  The bill prohibits the
accessed information from being marketed in any manner.  A person who
violates the provisions of the bill commits a Class A misdemeanor. 

EFFECTIVE DATE

September 1, 2001.