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


Office of House Bill AnalysisH.B. 3016
By: Haggerty
Licensing & Administrative Procedures
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

A recent attorney general opinion interprets current 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 permit the use of
information on an identification certificate, commercial driver's license,
or a driver's license in an electronically readable form when accessed in
compliance with the Transportation Code or rules promulgated by the Texas
Alcoholic Beverage Commission to verify information for a temporary club
membership or to prevent the sale of alcoholic beverages to minors,
notwithstanding provisions of the Transportation Code pertaining to
electronically readable information.  The bill prohibits the information
from being retained by any person after it is no longer needed and from
being marketed in any manner. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.