Tex.
Health & Safety Code Section 161.0825
Use of Certain Electronically Readable Information
(a)
In this section, “transaction scan device” means a device capable of deciphering electronically readable information on a driver’s license, commercial driver’s license, or identification certificate.(b)
A person may access electronically readable information on a driver’s license, commercial driver’s license, or identification certificate for the purpose of complying with Section 161.082.(c)
Information accessed under this section may not be sold or otherwise disseminated to a third party for any purpose, including any marketing, advertising, or promotional activities. The information may be obtained by court order or on proper request by the comptroller, a law enforcement officer, or a law enforcement agency.(d)
A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor.(e)
It is an affirmative defense to prosecution under Section 161.082 that:(1)
a transaction scan device identified a license or certificate as valid and the defendant accessed the information and relied on the results in good faith; or(2)
if the defendant is the owner of a store in which cigarettes, e-cigarettes, or tobacco products are sold at retail, the offense under Section 161.082 occurs in connection with a sale by an employee of the owner, and the owner had provided the employee with:(A)
a transaction scan device in working condition; and(B)
adequate training in the use of the transaction scan device.(a-1)
Repealed by Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 19, eff. September 1, 2019.(b)
A retailer shall adequately supervise and train the retailer’s agents and employees to prevent a violation of Subsection (a).(c)
A proof of identification described by Section 161.082(e) satisfies the requirements of Subsection (a).(d)
Notwithstanding any other provision of law, a violation of this section is not a violation of this subchapter for purposes of Section 161.0901 (Disciplinary Action Against Cigarette, E-cigarette, and Tobacco Product Retailers).
Source:
Section 161.0825 — Use of Certain Electronically Readable Information, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.161.htm#161.0825 (accessed Jun. 5, 2024).
