HBA-CCH H.B. 678 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 678
By: McCall
Business & Industry
2/11/2001
Introduced



BACKGROUND AND PURPOSE 

It is foreseeable that transactions that now require a password or some
other form of identification will utilize biometric technology in the
future.  Biometric technology is considered by some as the ultimate
identifier.  House Bill 678 protects the confidentiality of biometric
information of an individual by prohibiting the sell, lease, or disclosure
of the information.  

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 678 amends the Business & Commerce and Government codes relating
to the  collection and use of a biometric identifier, which is a retina or
iris scan, fingerprint, voiceprint, or record of hand or face geometry.
H.B. 678 prohibits a person or governmental body from making a voiceprint
of an individual without informed consent.  The bill also prohibits a
person or governmental body from selling, leasing, or disclosing an
identifier unless the individual consents, the disclosure is required or
permitted by a federal or state statue, or the disclosure is made for law
enforcement purposes.  A person or governmental body is required to store
and protect the biometric identifier from disclosure at least as well as
other confidential information.  The bill provides that a person who
violates these provisions is subject to a civil penalty of not more than
$25,000 that the attorney general is authorized to recover.  A governmental
body that possesses a biometric identifier is exempt from disclosure under
public information law. 

EFFECTIVE DATE

September 1, 2001.