Sec. 191.011. AUTHORITY OF CLERKS TO OBTAIN AND RETAIN IDENTIFYING INFORMATION IN CERTAIN COUNTIES. (a) In this section: (1) "Biometric information" means a retina or iris scan, digital or electronic fingerprint scan, voiceprint, or record of hand or face geometry. (2) "Electronic storage" has the meaning assigned by Section 205.001 . (3) "Ex officio service" has the meaning assigned by Section 118.023 . (4) "Identifying information" means information in any form, other than biometric information, that may be used to identify an individual. The term includes information derived from: (A) a driver's license, personal identification card, or other document, regardless of the intended use of the document; (B) a photograph; (C) a recording of the individual's image or voice, including a video or audio recording; or (D) any other physical or electronic source. (5) "Public service" means a service related to an official governmental power, duty, program, or activity. The term does not include an incidental service provided only as a courtesy to a member of the public. (b) A county clerk or district clerk in a county that allows for electronic filing or recording of documents or other instruments may require an individual to present photo identification and copy or record identifying information, including a document on which the information is viewable, if the individual: (1) presents a document or other instrument for filing or recording to the county clerk or district clerk; or (2) requests or obtains an ex officio service or other public service provided by the county clerk or district clerk. (b-1) A county clerk or district clerk who requires an individual to present photo identification under Subsection (b) may not accept a document or other instrument for filing or recording if the individual presents the document or other instrument in person and does not have or refuses to provide a photo identification. (c) A county clerk or district clerk may maintain identifying information copied or recorded under this section in an electronic storage format. (d) Except as otherwise required or authorized by law, a county clerk or district clerk may not charge a fee to copy or record identifying information. (e) Identifying information copied or recorded under this section is confidential except for use in a criminal investigation or prosecution or a related civil court proceeding.
‹ Prev All Texas sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.