| � |
| � |
| � |
|
�
|
AN ACT
|
|
�
|
relating to the use of electronically readable information from a |
|
�
|
driver's license or personal identification certificate by |
|
�
|
hospitals. |
|
�
|
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
�
|
�������SECTION�1.��Section 521.126, Transportation Code, is amended |
|
�
|
by amending Subsection (b) and adding Subsections (i), (j), and (k) |
|
�
|
to read as follows: |
|
�
|
�������(b)��Except as provided by Subsections (d), (e), [and] (g), |
|
�
|
(i), and (j), a person commits an offense if the person: |
|
�
|
�������������(1)��accesses or uses electronically readable |
|
�
|
information derived from a driver's license, commercial driver's |
|
�
|
license, or personal identification certificate; or |
|
�
|
�������������(2)��compiles or maintains a database of electronically |
|
�
|
readable information derived from driver's licenses, commercial |
|
�
|
driver's licenses, or personal identification certificates. |
|
�
|
�������(i)��The prohibition provided by Subsection (b) does not |
|
�
|
apply to a hospital that accesses, uses, compiles, or maintains a |
|
�
|
database of the information to provide health care services to the |
|
�
|
individual who holds the driver's license, commercial driver's |
|
�
|
license, or personal identification certificate. |
|
�
|
�������(j)��Except as otherwise provided by this subsection, a |
|
�
|
hospital may not sell, transfer, or otherwise disseminate the |
|
�
|
information described by Subsection (i) to a third party for any |
|
�
|
purpose, including any marketing, advertising, or promotional |
|
�
|
activities. A hospital that obtains information described by |
|
�
|
Subsection (i) may transfer the information only in accordance with |
|
�
|
the rules implementing the federal Health Insurance Portability and |
|
�
|
Accountability Act of 1996 (Pub. L. No. 104-191). A business |
|
�
|
associate, and any subcontractor of the business associate who |
|
�
|
receives the transferred information, may use the information only |
|
�
|
to service or maintain the hospital's database of the information. |
|
�
|
�������(k)��If an individual objects to the hospital collecting the |
|
�
|
individual's information from the individual's driver's license as |
|
�
|
described by Subsection (i), the hospital must use an alternative |
|
�
|
method for collecting the individual's information. |
|
�
|
�������SECTION�2.��This Act takes effect September 1, 2007. |
| � |
| � |
| � |
______________________________ |
______________________________ |
| � |
���President of the Senate |
Speaker of the House����� |
| � |
| � |
|
�
|
�������I certify that H.B. No. 1060 was passed by the House on March |
|
�
|
28, 2007, by the following vote:��Yeas 136, Nays 5, 1 present, not |
|
�
|
voting; that the House refused to concur in Senate amendments to |
|
�
|
H.B. No. 1060 on May 18, 2007, and requested the appointment of a |
|
�
|
conference committee to consider the differences between the two |
|
�
|
houses; and that the House adopted the conference committee report |
|
�
|
on H.B. No. 1060 on May 26, 2007, by the following vote:��Yeas 145, |
|
�
|
Nays 0, 2 present, not voting. |
|
�
|
|
|
�
|
______________________________ |
|
�
|
Chief Clerk of the House��� |
| � |
|
�
|
�������I certify that H.B. No. 1060 was passed by the Senate, with |
|
�
|
amendments, on May 15, 2007, by the following vote:��Yeas 31, Nays |
|
�
|
0; at the request of the House, the Senate appointed a conference |
|
�
|
committee to consider the differences between the two houses; and |
|
�
|
that the Senate adopted the conference committee report on H.B. No. |
|
�
|
1060 on May 26, 2007, by the following vote:��Yeas 30, Nays 0. |
|
�
|
|
|
�
|
______________________________ |
|
�
|
Secretary of the Senate��� |
|
�
|
APPROVED: __________________ |
|
�
|
����������������Date������� |
|
�
|
� |
|
�
|
�������� __________________ |
|
�
|
��������������Governor������� |